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THE  CHARTER 


OF 

J'r 

.  •  • 

THE  CITY  OF  COLORADO  SPRINGS 


ADOPTED  MAY  n,  1909 


\ 


. 


THE  CHARTER 
OF 

THE  CITY  OF  COLORADO  SPRINGS 


FRAMED  BY  THE  CHARTER  CONVENTION. 

BY  AUTHORITY  OF  ARTICLE  XX  OF  THE  CONSTITUTION 


ADOPTED  MAY  u,  1909 


OFFICERS  AND  MEMBERS 

OF 


THE  CHARTER  CONVENTION 

OF 

THE  CITY  OF  COLORADO  SPRINGS 


OFFICERS  AND  EMPLOYES 


President 

Vice-President 

Secretary) 

Assistant  Secretary)  . 
Stenographer  . 


.  Harry  H.  Seldomridge 
.  James  J.  Eubank 
Edward  C.  Sharer 
.  George  M.  Irwin 
Mary  L.  Richardson 


MEMBERS 


William  M.  Banning 
Jacob  Bishoff 
Willard  N.  Burgess 
Frank  F.  Castello 
William  J.  Chinn 
James  J.  Eubank 
Thomas  J.  Fisher 
Joseph  B.  Fowler 
Moses  C.  Gile 
Oliver  P.  Grimes 
Henry  C.  Hall 


John  M.  Harnan 
Henry  W.  Hoagland 
P.  M.  Kistler 
Horace  G.  Lunt 
Thomas  F.  McCaffery 
Myer  S.  Rafield 
Harry  H.  Seldomridge 
Edward  C.  Sharer 
WiLliam  H.  Spurgeon 
Edgar  J.  Ullrich 


^>1.0*188 


CHo 


PREFATORY  SYNOPSIS 


The  Charter  Convention,  elected  on  January  19,  1909,  submitted 
to  the  voters  for  approval,  a  draft  of  the  Charter  for  the  City  of 
Colorado  Springs,  which  was  adopted  at  an  election  held  May  11, 

1909. 

The  Charter  provides  that  the  legislative,  executive  and  judicial 
powers  of  the  City  shall  extend  to  all  matters  of  local  and  municipal 
government.  The  City  is  granted  all  the  powers,  privileges  and 
functions  which  are  granted  by  the  constitution  or  laws  of  this  State 
to  any  city  of  the  first  class.  The  powers  of  the  City  are  vested  in 
the  elective  officers,  the  Mayor  and  four  Councilmen,  elected  at  large 
for  four  year  terms  and  subject  to  recall. 

The  legislative  powers  of  the  City  are  vested  in  the  Council, 
except  as  reserved  to  the  people  by  the  provisions  as  to  initiative 

and  referendum. 

The  executive  and  administrative  power,  authority  and  duty  of 
the  City  are  distributed  among  five  departments : 

Department  of  Water  and  Water  Works, 

Department  of  Finance, 

Department  of  Public  Safety, 

Department  of  Public  Works  and  Property, 

Department  of  Public  Health  and  Sanitation. 

The  Mayor  is  named  as  the  Commissioner  of  Water  and  Water 
Works.  The  Council  designates  by  majority  vote  one  Councilman 
to  be  Commissioner  of  each  of  the  other  departments. 

The  Mayor  is  made  the  chief  executive  officer  of  the  City  and 
upon  the  recommendation  of  the  Commissioner  of  the  appropriate  de¬ 
partment,  appoints  the  heads  of  such  department  and  all  other  em¬ 
ployes  in  the  service  of  the  City.  He  is  allowed  to  suspend  or  remove 
any  officer  or  employe  when,  in  his  judgment,  the  public  interests 


demand. 


The  Charter  seeks  to  preserve  every  valuable  feature  of  the 
laws  of  the  State  of  Colorado,  and  has  only  introduced  such  new 
methods  or  machinery  as  after  careful  consideration  were  deemed 
advisable  and  necessary  in  the  assumption  of  home  rule. 

A  complete,  non-partisan  system  for  the  election  of  municipal 
officers  has  been  provided. 

Adequate  provision  for  Civil  Service  has  been  made. 


4  T>1  2-5" 


3 


Special  attention  is  called  to  the  provisions  made  for  the  admin¬ 
istration  of  the  Water  Department,  and  the  refunding  of  outstanding 
water  bonds. 


The  rights  of  the  City  are  carefully  guarded  in  the  matter  of 
public  franchises  and  utilities.  The  Charter  retains  in  the  people 
the  right  to  control  public  utilities,  and  requires  that  provision  shall 
be  made  in  every  franchise  hereafter  granted  permitting  the  City  to 
purchase  at  a  fair  valuation  such  public  utilities  whenever  the  peo¬ 
ple  shall  deem  it  best  so  to  do  and  vote  in  favor  thereof. 


The  contents  are  arranged  as  follows : 


Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 

Article 


I.  N ame,  Boundaries,  Powers,  Rights  and  Liabilities. 

II.  Elective  Officers. 

III.  The  Council. 

IV.  The  Mayor. 

V.  Executive  and  Administrative  Departments. 

VI.  Department  of  Water  and  Water  Works. 

VII.  Department  of  Finance. 

VIII.  Department  of  Public  Safety. 

IX.  Department  of  Public  Works  and  Property. 

X.  Department  of  Public  Health  and  Sanitation. 

XI.  Commissions  and  Boards. 

XII.  Franchises  and  Public  Utilities. 

XIII.  Elections. 

XIV.  Recall  of  Elective  Officers. 

XV.  The  Initiative. 

XVI.  The  Referendum. 

XVII.  Officers,  Employes  and  Salaries. 

XVIII.  Civil  Service. 

XIX.  General  Provisions. 


4 


THE  CHARTER  OF  THE  CITY  OF  COLORADO  SPRINGS 


PREAMBLE. 

We,  the  people  of  the  City  of  Colorado  Springs,  under  the 
authority  of  the  Constitution  of  the  State  of  Colorado,  do  ordain  and 
establish  this  Charter  for  the  City  of  Colorado  Springs. 

ARTICLE  I. 

NAME,  BOUNDARIES,  POWERS,  RIGHTS  AND 

LIABILITIES. 

1.  Name — Boundaries. — The  municipal  corporation  now  existing 
and  known  as  the  '‘City  of  Colorado  Springs/’  shall  remain  and  con¬ 
tinue  to  be  a  body  politic  and  corporate  under  the  same  name  and 
with  the  same  boundaries,  with  power  and  authority  to  change  its 
boundaries  in  manner  authorized  by  law. 

2.  Powers — Rights — Liabilities. —  (a)  By  the  name  of  the  “City 
of  Colorado  Springs,”  the  City  shall  have  perpetual  succession,  and 
shall  own,  possess  and  hold  all  property,  real  and  personal,  thereto¬ 
fore  owned,  possessed  or  held  by  the  said  City  of  Colorado  Springs, 
and  shall  assume,  manage  and  dispose  of  all  trusts  in  any  way  con¬ 
nected  therewith ; 

( b )  Shall  succeed  to  all  the  rights  and  liabilities,  and  shall  ac¬ 
quire  all  benefits,  and  shall  assume  and  pay  all  bonds,  obligations  and 
indebtedness  of  said  City  of  Colorado  Springs;  by  that  name  may 
sue  and  defend,  plead  and  be  impleaded,  in  all  courts  and  places, 
and  in  all  matters  and  proceedings ;  may  have  and  use  a  common 
seal  and  alter  the  same  at  pleasure ;  may  purchase,  receive,  hold  and 
enjoy,  or  sell  and  dispose  of,  real  and  personal  property; 

(c)  May  receive  bequests,  gifts  and  donations  of  all  kinds  of 
property,  in  fee  simple,  or  in  trust  for  public,  charitable  or  other  pur¬ 
poses  ;  and  do  all  things  and  acts  necessary  to  carry  out  the  purpose 
of  such  gifts,  bequests  and  donations,  with  power  to  manage,  sell, 
lease  or  otherwise  dispose  of  the  same  in  accordance  with  the  terms 
of  the  gift,  bequest  or  donation ; 

( d )  Shall  have  the  power,  within  or  without  its  territorial  limits, 
to  construct,  condemn  and  purchase,  purchase,  acquire,  lease,  add  to, 
maintain,  conduct  and  operate,  waterworks,  light  plants,  power 
plants,  transportation  systems,  heating  plants,  and  any  other  public 
utilities  or  works  or  ways  local  in  use  and  extent,  in  whole  or  in  part, 
and  everything  required  therefor,  for  the  use  of  said  City  and  the 
inhabitants  thereof,  and  any  such  systems,  plants  or  works  or  ways, 
or  any  contracts  in  relation  or  connection  therewith,  that  may  exist 
and  which  said  City  may  desire  to  purchase,  in  whole  or  in  part,  the 

5 


same  or  any  part  thereof  may  be  purchased  by  said  City  which  may 
enforce  such  purchase  by  proceedings  at  law  as  in  taking  land  for 
public  use  by  right  of  eminent  domain,  and  shall  have  the  power  to 
issue  bonds  upon  the  vote  of  the  taxpaying  electors,  at  any  special 
or  general  election,  in  any  amount  necessary  to  carry  out  any  of 
said  powers  or  purposes; 

( e )  The  legislative,  executive  and  judicial  powers  of  the  City 
shall  extend  to  all  matters  of  local  and  municipal  government,  it  being 
the  intent  hereof  that  the  specifications  of  particular  powers  by  any 
other  provision  of  this  Charter,  shall  never  be  construed  as  impair¬ 
ing  the  effect  of  the  general  grant  of  powers  of  local  government 
hereby  bestowed ; 

(/)  The  City  shall  also  have  all  powers,  privileges  and  functions 
which,  by  or  pursuant  to  the  Constitution  of  this  State,  have  been  or 
could  be  granted  to  or  exercised  by  any  City  of  the  first  class ; 

(g)  All  powers  of  the  City  shall,  except  as  otherwise  provided 
in  this  Charter,  be  vested  in  the  elective  officers,  subject  to  distribu¬ 
tion  and  delegation  of  such  powers  as  provided  in  this  Charter  or  by 
ordinance. 

ARTICLE  II. 

ELECTIVE  OFFICERS. 

3.  Officers — Terms. — The  elective  officers  of  the  City  shall  be  a 
Mayor  and  four  Councilmen,  each  of  whom  shall  be  elected  at  large 
by  the  qualified  electors  of  the  City.  The  term  of  all  elective  officers, 
except  as  otherwise  provided  herein,  shall  commence  at  10  o’clock  a. 
m.  on  the  first  secular  day  of  May  following  their  election,  and,  except 
as  otherwise  provided  herein,  shall  be  for  four  years  and  until  their 
successors  are  elected  and  qualified ;  provided,  however,  that  of  the 
four  Councilmen  first  elected  under  this  Charter,  the  term  of  the  two 
receiving  the  highest  number  of  votes  shall  be  for  four  years,  and  the 
term  of  the  other  two  shall  be  for  two  years ;  and  provided  further, 
that  the  terms  of  the  elective  officers  first  elected  under  this  Charter 
shall  commence  at  10  o’clock  a.  m.  on  the  third  Tuesday  following 
the  first  general  municipal  election  held  under  this  Charter  and  shall 
end  at  10  o’clock  a.  m.  of  the  first  secular  day  of  May  following  the 
election  of  their  successors. 

4.  Qualifications. — No  person  shall  be  eligible  to  the  office  of 
Mayor  or  Councilman  unless  he  be  a  citizen  of  the  United  States,  at 
least  twenty-five  years  of  age,  and  shall  have  been  for  five  years  im¬ 
mediately  preceding  such  election  a  citizen  of  the  City  of  Colorado 
Springs,  and  for  two  years  immediately  preceding  his  election  shall 
have  paid  City  taxes. 

5.  Vacancy. — If  a  vacancy  occur  in  the  office  of  Mayor  or  Coun¬ 
cilman,  the  Council  shall  appoint  an  eligible  person  to  fill  such  va¬ 
cancy  until  the  next  general  municipal  election,  subject  to  the  pro¬ 
visions  of  Article  XIV.  Any  vacancy  shall  be  then  filled  by  election 
for  the  unexpired  term. 


6 


Vacancy  shall  exist  when  an  elective  officer  fails  to  qualify  for 
ten  days  after  notice  of  his  election,  dies,  resigns,  is  removed  from 
office,  removes  from  the  City,  absents  himself  continuously  therefrom 
for  more  than  six  months,  is  convicted  of  a  felony  or  judicially  de¬ 
clared  a  lunatic  as  defined  by  statute. 

6.  Removal. — In  case  of  misconduct,  inability  or  willful  neglect 
in  the  performance  of  the  duties  of  his  office,  the  Mayor  or  any 
Councilman  may  be  removed  from  office  by  the  Council  by  a  vote  of 
four  members,  but  he  shall  be  given  an  opportunity  to  be  heard  in 
his  defense,  and  shall  have  the  right  to  appear  by  counsel  and  to  have 
process  issue  to  compel  the  attendance  of  witnesses  who  shall  be  re¬ 
quired  to  give  testimony  if  he  so  elects.  In  such  case  the  hearing 
shall  be  public  and  a  full  and  complete  statement  of  the  reasons  for 
such  removal,  if  he  be  removed,  together  with  the  findings  of  fact  as 
made  by  the  Council,  shall  be  filed  by  the  Council  with  the  Clerk,  and 
shall  be  and  become  a  matter  of  public  record. 

ARTICLE  III. 

THE  COUNCIL. 

7.  Legislative  Powers. — All  legislative  powers  of  the  City  shall, 
except  as  otherwise  provided  by  this  Charter,  be  vested  exclusively 
in  a  Council,  which  shall  consist  of  the  Mayor  and  four  Councilmen. 

8.  President  and  Vice-President  of  Council. — The  Mayor  shall 
be  President  of  the  Council,  and,  when  present,  shall  preside  at  all 
meetings.  The  Council  shall  elect  one  of  its  number  to  be  Vice- 
President,  who,  during  the  absence  or  disability  of  the  Mayor,  or 
while  any  vacancy  exists  in  the  office  of  the  Mayor,  shall  possess  all 
of  the  powers  and  perform  all  of  the  duties  of  the  Mayor,  except  that 
he  shall  not  have  any  power  of  removal. 

9.  ludge  of  Their  Elections. — The  Council  shall  be  the  judge  of 
the  election  and  qualification  of  its  own  members,  subject  to  review 
by  the  courts,  in  case  of  contest. 

10.  Restrictions  Upon  Members  of  the  Council. — No  member  of 
the  Council  shall  hold  any  other  public  office  or  employment,  com¬ 
pensation  for  which  is  paid  out  of  municipal  moneys.  No  person 
shall  be  elected  or  appointed  to  any  office,  position  or  employment, 
the  compensation  which  was  increased  or  fixed  by  the  Council 
while  he  was  a  member  thereof,  until  after  the  expiration  of  one 
year  from  the  date  when  he  ceased  to  be  a  mmber  of  the  Council. 

11.  Rides  of  the  Council. — The  Council  shall  determine  its  own 
rules  of  procedure,  may  punish  its  members  for  disorderly  conduct, 
and  may  compel  the  attendance  of  members. 

12.  Meetings  of'  the  Council. — The  Council  shall  prescribe  the 
time  and  place  of  its  meetings,  and  the  manner  in  which  special 
meetings  thereof  may  be  called. 


7 


The  City  Clerk  shall  be  the  Clerk  of  the  Council,  and  shall,  with 
the  Mayor,  sign  and  attest  all  ordinances  and  resolutions. 

A  majority  of  the  members  of  the  Council  shall  constitute  a 
quorum  to  do  business,  but  a  less  number  can  adjourn.  The  Council 
shall  sit  with  open  doors  at  all  legislative  sessions,  and  shall  keep  a 
journal  of  its  proceedings,  which  shall  be  a  public  record. 

13.  Ordinances  and  Resolutions. —  (a)  At  legislative  sessions  the 
Council  shall  act  only  by  ordinance,  resolution  or  motion. 

( b )  The  ayes  and  noes  shall  be  taken  upon  the  passage  of  all 
ordinances  and  resolutions  and  entered  upon  the  journal  of  its  pro¬ 
ceedings.  Upon  the  request  of  any  member,  the  ayes  and  noes 
shall  be  taken  and  recorded  upon  any  motion.  Every  member  when 
present  must  vote,  and  every  ordinance  shall  require  on  final  passage, 
the  affirmative  vote  of  three  members. 

( c )  No  ordinance  shall  be  passed  finally  on  the  date  it  is  intro¬ 
duced,  except  in  the  case  of  public  emergency,  and  then  only  when 
requested  by  the  Mayor  in  writing.  No  ordinance  making  a  grant 
of  any  franchise  or  special  privilege  shall  ever  be  passed  as  an  emer¬ 
gency  measure. 

(d)  The  enacting  clause  of  all  ordinances  passed  by  the  Council 
shall  be  in  these  words:  “Be  it  Ordained  by  the  City  Council  of  the 
City  of  Colorado  Springs 

(e)  Every  ordinance  shall  be  published  once  in  full  in  a  daily 
newspaper  of  the  City  at  least  ten  days  before  its  final  passage. 

14.  Publication  of  Ordinance  Adopted. — Every  ordinance 
adopted  shall  be  published  once  in  a  daily  newspaper  of  the  City  and 
shall  not  take  effect  until  five  days  after  such  publication,  except 
emergency  ordinances  passed  as  provided  in  this  Article,  which  shall 
take  effect  upon  passage  and  be  so  published  on  the  following  day, 
subject  always  to  the  provisions  of  Article  XVI. 

15.  Amendment  or  Repeal. — No  ordinance  or  section  thereof 
shall  be  amended  or  repealed  except  by  ordinance  adopted  in  the 
manner  provided  in  this  Charter. 

16.  Ordinances  Granting  Franchises. — No  proposed  ordinance 
granting  any  franchise  shall  be  put  upon  its  final  passage  within 
sixty  days  after  its  introduction,  nor  until  it  has  been  published  not 
less  than  once  a  week  for  six  consecutive  weeks  in  two  daily  news¬ 
papers  of  general  circulation  published  in  the  City. 

17.  Record  of  Ordinances. — A  true  copy  of  every  ordinance 
shall  be  kept  in  a  book  marked  “Ordinance  Record,”  and  authenti¬ 
cated  by  the  signatures  of  the  Mayor  and  Clerk. 

18.  Proof  of  Ordinances. — Any  ordinance  may  be  proved  by  a 
copy  thereof  certified  by  the  Clerk,  under  the  seal  of  the  City;  or 
when  printed  in  book  or  pamphlet  form  and  purporting  to  be 
published  by  the  authority  of  the  City,  the  same  shall  be  received  in 
evidence  in  all  Courts,  or  other  places,  without  further  proof. 

.  8 


19.  Publication  of  Charter  and  Ordinances. — The  Council  shall, 
as  speedily  as  may  be,  and  in  any  event  within  two  years  from  the 
time  of  its  organization  under  this  Charter,  and  from  time  to  time 
thereafter,  cause  all  ordinances  at  such  times  in  force  to  be  classified 
under  appropriate  heads,  and  to  be  published  in  book  form,  togethei 
with  or  separate  from  the  Charter,  and  such  provisions  of  the  Con¬ 
stitution  and  laws  of  the  State  as  the  Council  may  deem  expedient. 

20.  Power  to  Establish  Offices. — The  Council  shall,  consistent 
with  the  provisions  of  this  Charter,  establish  any  office,  position  or 
employment  that  may  in  its  opinion  be  necessary  or  expedient,  and 
fix  the  salary  and  duties  thereof.  It  may  at  any  time  abolish  the 
same,  whereupon  the  salary  attached  thereto  shall  cease. 

21.  Statements. — The  Council  shall  cause  to  be  printed  each 
month  in  pamphlet  form  a  detailed  statement  of  all  receipts  and  ex¬ 
penditures  of  the  City  and  a  summary  of  its  proceedings  during  the 
preceding  month  and  furnish  printed  copies  thereof  to  the  public 
library,  the  daily  newspapers  of  the  City  and  to  persons  who  shall 
apply  therefor  at  the  office  of  the  Clerk.  Said  statement  shall  also 
show  the  amount  of  water  used  during  the  preceding  month  and  the 
amount  of  reserve  water  in  storage  at  the  end  of  that  month. 

22.  Vote  of  Council  on  Appointments. — All  votes  upon  appoint¬ 
ments  shall  be  by  roll  call  and  recorded.  The  vote  of  three  members 
shall  be  necessary  for  appointment. 

ARTICLE  IV. 

THE  MAYOR. 

23.  Duties — Authority — Powers. —  (a)  The  Mayor  shall  be  the 
chief  executive  officer  of  the  City. 

(b)  He  shall  take  care  that  this  Charter,  the  laws  of  the  State 
and  the  ordinances  of  the  City  are  duly  enforced  within  the  City  and 
its  jurisdiction.  He  may  remit  fines,  costs,  forfeitures  and  penalties 
imposed  for  the  violation  of  any  ordinance,  but  shall  make  a  report  of 
such  remissions  to  the  Council  at  the  next  meeting  thereafter  with 
his  reasons  therefor.  He  shall  have  power  to  administer  oaths. 

(c)  He  shall  sign  all  contracts,  bonds  or  other  instruments  re¬ 
quiring  the  assent  of  the  City  and  take  care  that  the  same  are  duly 
performed.  All  legal  process  against  the  City  shall  be  served  upon 
the  Mayor  or  Acting  Mayor. 

(d)  He  shall  be  charged  with  the  general  oversight  of  all  de¬ 
partments,  boards  and  commissions  of  the  City. 

(e)  He  shall  be  ex-officio  a  member  of  each  board,  commission 
or  body  created  or  authorized  by  this  Charter,  or  by  any  ordinance  of 
the  City. 

(f)  He  shall  have  the  right  to  vote  on  all  questions  coming  be¬ 
fore  the  Council. 


9 


(g)  He  shall  have  power  to  appoint  experts  to  examine  the  af¬ 
fairs  of  any  officer  or  department  of  the  City,  whenever  he  shall  deem 
it  necessary. 

( h )  He  may  require  any  officer  or  employe  of  the  City  to  ex¬ 
hibit  his  books  and  papers.  Failure  or  refusal  to  exhibit  books  or 
papers  so  required  shall  be  ground  for  removal. 

(i)  He  shall  have  and  exercise  such  powers,  prerogatives  and 
authority  as  are  conferred  by  the  provisions  of  this  Charter,  or  as 
may  be  conferred  upon  him  by  the  Council,  or  by  the  general  laws  of 
the  State,  not  inconsistent  with  the  general  purposes  and  provisions 
of  this  Charter. 

(/)  He  shall  appoint  all  officers  and  employes  of  the  City  whose 
election  or  appointment  is  not  otherwise  expressly  provided  for  in 
this  Charter. 

( k )  He  shall,  upon  the  recommendation  of  the  Commissioner  of 
the  appropriate  department,  appoint  such  heads  of  departments, 
deputies  and  principal  assistants  as  may  be  created  by  this  Charter 
or  by  ordinance. 

(/)  He  shall,  upon  like  recommendation,  appoint  all  other  officers 
or  employes  in  the  service  of  the  City,  except  day  laborers  and  un¬ 
skilled  workmen,  and  except  as  in  this  Charter  otherwise  expressly 
provided.  The  Commissioner  may  suspend  any  officer  or  employe 
in  his  department  for  a  period  not  exceeding  ten  days,  and  the 
Mayor  may  suspend  or  remove  any  officer  or  employe  for  cause, 
whenever  in  his  judgment  the  public  interests  demand  or  will  be 
better  subserved  thereby ;  and  no  officer  whose  office,  position  or 
employment,  is  created  by  ordinance  shall  hold  the  same  for  any 
fixed  term,  but  shall  always  be  subject  to  removal  by  the  Mayor. 
In  case  of  such  removal,  if  the  officer  or  employe  so  removed  requests 
it,  the  Mayor  shall  file  in  the  office  of  the  Clerk  a  written  statement 
of  the  reason  for  which  the  removal  was  made.  The  Council,  by 
the  affirmative  vote  of  four  members,  may  remove  any  of  said  offi¬ 
cers  or  employes. 

(m)  He  shall  employ  for  a  stipulated  compensation,  at  the  be¬ 
ginning  of  each  fiscal  year,  a  certified  public  accountant,  who  shall 
examine,  at  least  twice  each  year,  the  books,  records  and  reports 
of  the  Treasurer  and  of  all  officers  and  employes  who  receive  or 
disburse  City  moneys,  and  the  books,  records  and  reports  of  such 
other  officers  and  departments  as  the  Mayor  may  direct  and  make 
triplicate  reports  thereof,  and  present  one  each  to  the  Mayor  and 
Treasurer,  and  file  one  with  the  Clerk.  Such  accountant  shall  have 
unlimited  privilege  of  investigation  to  examine  under  oath  or  other¬ 
wise  all  officers,  clerks  and  employes  of  the  City,  and  every  such 
*  officer,  clerk  and  employe  shall  give  all  required  assistance  and  in¬ 
formation  to  such  accountant,  and  submit  to  him  for  examination 
such  books  and  papers  of  his  office  as  may  be  requested,  and  failure 
to  do  so  shall  be  ground  for  removal.  The  Council  shall  provide 
for  the  payment  of  the  services  of  such  accountant. 

io 


24.  Veto  Power. — In  ordinances  making  appropriations,  the 
Mayor  may  veto  any  or  every  item  therein,  but  such  veto  shall  only 
extend  to  the  items  so  vetoed,  and  those  which  he  approves  shall  be¬ 
come  effective,  and  those  which  he  disapproves  shall  not  become 
effective,  unless  passed  over  his  veto  by  the  vote  of  four  (4)  members 
of  the  Council. 


ARTICLE  V. 

EXECUTIVE  AND  ADMINISTRATIVE  DEPARTMENTS. 

25.  Distribution. — The  executive 'and  administrative  powers, 
authority  and  duties  of  the  City,  not  otherwise  herein  provided  for, 
shall  be  distributed  among  five  departments,  as  follows : 

Department  of  Water  and  Water  Works, 

Department  of  Finance, 

Department  of  Public  Safety, 

Department  of  Public  Works  and  Property, 

Department  of  Public  Health  and  Sanitation. 

26.  Council  Assign  Duties. — The  Council  shall  determine  and 
assign  the  duties  of  the  several  departments ;  shall  prescribe  the 
duties  of  officers  and  employes ;  may  assign  particular  officers  and 
employes  to  one  or  more  of  the  departments ;  may  require  an  officer 
or  employe  to  perform  duties  in  two  or  more  departments,  and  may 
make  such  other  rules  and  regulations  as  may  be  deemed  necessary 
or  proper  for  the  efficient  and  economical  conduct  of  the  business  of 
the  City. 

27.  Commissioners  of  Departments.- — The  Mayor  shall  be  the 
Commissioner  of  Water  and  Water  Works.  The  Council,  at  its  first 
regular  meeting  after  the  election  of  its  members,  shall  designate  bv 
majority  vote  one  Councilman  to  be  Commissioner  of  Finance,  one 
to  be  Commissioner  of  Public  Safety,  one  to  be  Commissioner  of 
Public  Works  and  Property,  and  one  to  be  Commissioner  of  Public 
Health  and  Sanitation ;  provided,  however,  that  if  the  Council  is  un¬ 
able  to  agree  upon  such  designation,  the  Mayor  shall  have  the  author¬ 
ity  to  make  such  designation. 

*  28.  Council  May  Change  Designation.  —  The  Council  may 
change  such  designation  (except  that  of  the  Department  of  Water 
and  Water  Works)  by  ordinance,  or  by  resolution,  whenever  it  shall 
determine  that  the  public  service  requires  such  change. 

29.  Commissioner  May  Employ  or  Discharge. — The  Commis¬ 
sioner  for  each  of  the  departments  shall  have  the  supervision  and 
control  of  all  the  affairs  and  property  belonging  to  such  department, 
except  as  otherwise  provided  in  this  Charter,  or  by  ordinance,  subject 
to  such  regulations  as  may  be  prescribed  by  the  Council.  He  may 
employ  and  discharge  or  delegate  to  any  subordinate  the  power  to 
employ  and  discharge  day  laborers  and  unskilled  workmen. 


ARTICLE  VI. 

DEPARTMENT  OF  WATER  AND  WATER  WORKS. 

30.  Department  an  Entity. — The  Department  of  Water  and 
Water  Works  shall  embrace  all  property,  rights  and  obligations  of 
the  City  in  respect  of  water  and  water  works,  and  shall  insofar  as 
practicable  be  administered  as  an  entity.  To  that  end  all  contracts, 
records  and  muniments  of  title  pertaining  thereto  shall  be  assembled 
and  carefully  preserved,  and  accounts  shall  be  kept  of  its  assets,  lia¬ 
bilities,  receipts  and  disbursements,  separate  and  distinct  from  the 
accounts  of  any  other  department.  Its  revenue  shall  be  so  applied 
that  as  far  as  possible  the  department  shall  be  self-sustaining. 

31.  Commissioner  Administer  Department. — The  Commissioner 
of  Water  and  Water  Works  is  charged  with  the  administration  of 
said  department.  He  shall  appoint  all  such  officials,  assistants  and 
skilled  employes  as  may  be  necessary,  and  may  secure  the  services 
or  advice  of  hydraulic  engineers,  special  counsel  and  other  experts 
for  such  compensation  as  may  be  approved  by  the  Council.  He  shall 
take  care  that  the  water  supply  of  the  City  is  preserved  from  impair¬ 
ment  or  pollution  and  seasonably  augmented  so  as  to  assure  at  all 
times  a  supply  of  potable  water  adequate  for  the  growing  needs  of 
the  City.  To  that  end  he  shall  cause  comparative  investigation  to  be 
made  of  all  available  reservoir  sites  and  sources  of  such  water  sup¬ 
ply  and  report  thereon  to  the  Council  with  his  recommendations.  He 
shall  also  prepare  and  submit  to  the  Council  measures  for  the  storage 
and  augmenting  of  the  City’s  supply  of  water  for  ditch  and  irrigation 
purposes.  He  shall  cause  adequate  water  measurements  and  tests 
to  be  made  and  record  thereof  preserved. 

3 2.  Commissioner  Pix  Rates — Council  Impose  Fines. — He  shall 
with  the  approval  of  the  Council  expressed  by  resolution,  fix  rates 
and  establish  regulations  for  the  use  of  water  by  consumers  and  regu¬ 
lations  for  the  orderly  administration  of  the  department.  The  Coun¬ 
cil  shall  by  ordinance  impose  fines  and  penalties  for  the  violation  of 
any  of  said  regulations. 

33.  Dnty  of  Commissioner  as  to  Bonds. — He  shall,  as  soon  as 
may  be  after  this  Charter  goes  into  effect,  prepare  with  the  advice  of 
the  Commissioner  of  Finance  a  measure  for  the  retirement  by  pur¬ 
chase  or  redemption  of  the  existing  water  bonds  of  the  City  through 
the  issuance  and  sale  hereby  provided  for  of  bonds  of  the  City  to  ma¬ 
ture  not  later  than  fifty  years  from  their  date,  bearing  interest  at  a 
rate  not  exceeding  four  per  centum  per  annum  and  providing  for 
payments  into  a  sinking  fund  commencing  not  earlier  than  ten  years 
from  their  date,  said  interest  and  sinking  fund  payments  to  be 
chargeable  primarily  upon  the  revenues  of  the  department,  and  shall 
submit  said  measure  to  the  Council  for  action  thereon. 

He  shall  from  time  to  time  in  like  manner  prepare  and  submit 
to  the  Council  for  action  thereon  measures  for  such  bond  issues  or 
other  financing  of  the  department’s  affairs  as  the  needs  of  the  City 
may  require. 


12 


34-  Emergency  Warrants. — If  at  any  time  the  moneys  appropri¬ 
ated  and  available  for  said  department  shall  be  insufficient  in  his 
judgment  to  meet  any  emergency  arisen  in  said  department  since  the 
passage  of  the  last  annual  appropriation  ordinance,  the  Council  may, 
upon  his  requisition  and  by  resolution  declaratory  of  the  emergency, 
cause  emergency  warrants  to  be  issued  in  an  aggregate  amount  not 
exceeding  one  hundred  thousand  dollars  in  any  one  year,  bearing 
interest  at  a  rate  not  exceeding  six  per  centum  per  annum,  and 
payable  out  of  the  receipts  of  said  department  for  the  ensuing  year, 
including  proceeds  from  the  sale  of  bonds.  Said  warrants  and  the 
moneys  realized  thereon  shall  be  applied  only  to  meeting  the  emerg¬ 
ency  so  declared. 

ARTICLE  VII. 

DEPARTMENT  OF  FINANCE. 

35.  Fiscal  Year  Same  as  Calendar  Year. — The  fiscal  year  of  the 
City  shall  commence  on  the  first  day  of  January  and  end  on  the  last 
day  of  December  of  each  year. 

36.  Public  Moneys. — The  Commissioner  of  Finance  shall  have 
the  direct  control  of  the  revenues  of  the  City  except  as  otherwise 
provided  by  this  Charter  or  by  ordinance. 

The  Council  shall  by  ordinance  provide  a  system  for  the  collec¬ 
tion,  custody  and  disbursement  of  all  public  moneys,  not  inconsistent 
with  the  provisions  of  this  Charter. 

The  Council  shall  by  ordinance  provide  a  system  of  accounting 
for  the  City,  not  inconsistent  with  the  provisions  of  this  Charter, 
which  shall  be  assimilated  as  nearly  as  may  be  to  the  uniform  system 
of  municipal  accounting. 

The  Council  shall  by  ordinance  provide  a  system  for  the  assess¬ 
ment,  equalization,  levy  and  collection  of  all  City  taxes,  not  incon¬ 
sistent  with  the  provisions  of  this  Charter. 

3 7.  Adoption  of  Existing  Lazo. — Until  the  Council  shall  other¬ 
wise  by  ordinance  provide,  the  Statutes  of  the  State  of  Colorado  now 
or  hereafter  in  force,  shall  govern  the  making  of  assessments  by  the 
Assessor  of  the  County  in  which  the  City  is  situated,  the  making  of 
equalization  by  the  Board  of  County  Commissioners  of  said  County 
and  the  collection  of  taxes  by  the  Treasurer  of  said  County  for  and 
on  behalf  of  the  City,  as  also  in  respect  of  the  certification  and  collec¬ 
tion  of  all  delinquent  charges,  assessments  or  taxes. 

38.  Certificate  of  Assessment. — Until'  the  Council  shall  other¬ 
wise  by  ordinance  provide,  it  shall  be  the  duty  of  the  County  As¬ 
sessor  as  soon  as  the  assessment  roll  is  ready  in  each  year  for  the 
extension  of  taxes  in  accordance  with  the  general  laws  of  the  State, 
to  certify  to  the  Council  the  total  amount  of  property  assessed  within 
the  limits  of  the  City. 


13 


39-  Estimates  of  Probable  Expense. — On  or  before  the  first 
Monday  in  November  in  each  year  the  Commissioners,  Boards  and 
Commissions  of  the  City  shall  furnish  to  the  Mayor  estimates  in 
writing  of  the  probable  expense  to  be  incurred  in  their  several  de¬ 
partments  for  the  ensuing  fiscal  year,  specifying  in  detail  such  prob¬ 
able  expenditures,  including  a  statement  of  the  salaries  of  their  sub¬ 
ordinates.  Duplicates  of  these  estimates  shall  be  sent  at  the  same 
time  to  the  Commissioner  of  Finance. 

The  Commissioner  of  Finance  shall,  on  or  before  the  first  Mon¬ 
day  in  November  in  each  year,  certify  to  the  Mayor  the  amount  of 
money  to  be  raised  by  taxation  during  the  ensuing  fiscal  year  to 
make  payment  of  interest,  sinking  fund  and  principal  of  bonded  in¬ 
debtedness,  and  also  the  estimated  amount  of  revenue  from  all 
sources  other  than  tax  levy. 

40.  Mayor’s  Budget. — From  such  estimates  the  Mayor  shall,  on 
or  before  the  third  Monday  in  November  in  each  year,  or  on  such 
later  date  in  each  year  as  shall  be  fixed  by  the  Council,  prepare  and 
present  to  the  Council  his  annual  budget  for  the  ensuing  fiscal  year, 
which  shall  include  interest  and  sinking  fund  on  the  bonded  debt. 
The  budget  so  prepared  shall  be  in  such  detail  as  to  the  aggregate 
sum  and  the  items  thereof  allowed  to  each  department,  office,  board 
or  commission  as  the  Mayor  may  deem  advisable. 

41.  Action  on  Budget. — The  Council  shall,  on  receipt  of  the 
budget,  consider  and  adopt  the  same  with  or  without  amendment. 
In  amending  the  Council  may  reduce  or  omit  any  item  but  shall  not 
increase  any  item  nor  the  total  of  the  budget  nor  add  any  item  there¬ 
to  nor  originate  a  budget. 

The  Council  shall  also  in  adopting  the  said  budget,  estimate  and 
declare  the  amount  of  money  necessary  to  be  raised  by  tax  levy, 
taking  into  account  the  amounts  available  from  other  sources  to 
meet  the  expenses  of  the  City  for  the  ensuing  fiscal  year,  based  on 
the  budget  so  adopted.  Said  budget  and  estimate  as  finally  adopted 
shall  be  signed  by  the  Mayor  and  Clerk  and  filed  with  the  Auditor. 

42.  Levy. — Upon  said  estimate  the  Council  shall  forthwith  pro¬ 
ceed  to  make  by  ordinance  the  proper  levy  in  mills  upon  each  dollar 
of  the  assessed  valuation  of  all  taxable  property  within  the  City,  such 
levy  representing  the  amount  of  taxes  for  City  purposes  necessary 
10  provide  for  payment  during  the  ensuing  fiscal  year  of  all  properly 
authorized  demands  upon  the  Treasurer,  and  until  the  Council  shall 
otherwise  by  ordinance  provide,  the  Council  shall  thereupon  cause 
the  total  levy  to  be  certified  by  the  Clerk  to  the  County  Assessor 
who  shall  extend  the  same  upon  the  tax  list  of  the  current  year  in  a 
separate  column  entitled  “The  City  of  Colorado  Springs  Taxes,” 
and  shall  include  said  City  taxes  in  his  general  warrant  to  the  County 
Treasurer  for  collection.  The  levy  shall  never  exceed  twenty  mills 
on  the  dollar  for  all  general  City  purposes  upon  the  total  assessed 
valuation  of  said  taxable  property  within  the  City.  The  foregoing 
limitation  of  twenty  mills  shall  not  apply  to  taxes  levied  by  the 

H 


Council  for  the  payment  of  any  interest,  sinking  fund  or  principal 
of  any  bonded  indebtedness  of  the  City  now  existing  or  hereafter 
created,  nor  for  payment  of  interest,  sinking  fund  or  principal  of  the 
indebtedness  of  any  town  or  city  which  may  hereafter  be  incorporated 
with  or  annexed  to  the  City ;  nor  to  special  assessments  for  local  im¬ 
provements. 

If  the  Council  fail  in  any  year  to  make  said  tax  levy  as  above 
provided,  then  the  rate  last  fixed  shall  be  the  rate  fixed  for  the 
ensuing  fiscal  year. 

The  amount  required  to  make  payment  of  any  interest,  sinking- 
fund  or  principal  of  bonded  indebtedness  shall  always  be  included 
in  and  met  by  tax  levy,  except  as  otherwise  provided  for  in  this 
Charter. 

43.  Appropriations. — Upon  the  basis  of  the  budget  as  adopted 
and  filed  the  several  sums  shall  forthwith  be  appropriated  by  ordin¬ 
ance  to  the  several  purposes  therein  named  for  the  ensuing  fiscal  year. 
Said  ordinance  shall  be  adopted  not  later  than  the  thirty-first  day  of 
December  in  each  year,  and  shall  be  entitled  “The  Annual  Appropria¬ 
tion  Ordinance.” 

44.  No  Liability  Without  Appropriation. — Neither  the  Council 
nor  any  officer  or  employe  of  the  City  shall  have  authority  to  make 
any  contract  involving  the  expenditure  of  public  money,  or  impose 
upon  the  City  any  liability  to  pay  money  unless  and  until  a  definite 
amount  of  money  shall  have  been  appropriated  for  the  liquidation  of 
all  pecuniary  liability  of  the  City  under  such  contract  or  in  conse¬ 
quence  thereof  to  mature  during  the  period  covered  by  the  appropria¬ 
tion.  Such  contract  shall  be  ab  initio  null  and  void  as  to  the  City 
for  any  other  or  further  liability;  provided,  first,  that  nothing  herein 
contained  shall  prevent  the  Council  from  providing  for  payment  of 
any  expense,  the  necessity  of  which  is  caused  by  any  casualty,  acci¬ 
dent  or  unforseen  contingency  arising  after  the  passage  of  the  an¬ 
nual  appropriation  ordinance ;  and,  second,  that  the  provisions  of  this 
section  shall  not  apply  to  or  limit  the  authority  conferred  in  relation 
to  bonded  indebtedness,  nor  for  moneys  to  be  collected  by  special 
assessments  for  local  improvements. 

45.  Special  Appropriations  for  1909. — The  Council  shall  during 
the  year  1909  pass  such  special  appropriation  ordinances  as  may  be 
necessary  to  pay  the  salaries  and  defray  the  expenses  of  any  and  all 
departments,  officers  and  employes  of  the  City  for  the  year  1909,  but 
not  thereafter,  for  which  provision  is  not  made  in  the  existing  ap¬ 
propriation  ordinance  for  that  year,  and  the  warrants  for  the  pay¬ 
ment  of  such  salaries  and  expenses  after  being  duly  allowed  and 
audited,  may  be  drawn  against  such  appropriation,  and  the  amount 
so  required  for  the  payment  of  such  warrants,  or  so  much  thereof  as 
may  be  necessary,  shall  be  payable  out  of  any  available  moneys  not 
otherwise  appropriated,  or  failing  such  moneys  the  warrants  shall  be 
registered  and  payable  out  of  the  revenue  for  the  next  ensuing  fiscal, 
year. 


US 


46.  Collection  of  Taxes. — Until  the  Council  shall  otherwise  by 
ordinance  provide,  the  County  Treasurer  shall  collect  City  taxes  in 
the  same  manner  and  at  the  same  time  as  State  taxes  are  collected, 
and  all  laws  of  this  State  for  the  assessment  of  property  and  the  levy 
and  collection  of  general  taxes,  including  laws  for  the  sale  of  prop¬ 
erty  for  taxes  and  the  redemption  of  the  same  shall  apply  and  have 
as  full  effect  in  respect  of  taxes  for  the  City  as  of  such  general 
taxes,  except  as  modified  by  this  Charter. 

On  or  before  the  fifth  day  of  every  month,  the  County  Treasurer 
shall  report  the  amount  of  tax  collections  for  the  preceding  month 
to  the  Auditor  and  shall  pay  over  the  amount  collected  for  the  pre¬ 
ceding  month  to  the  Treasurer. 

47.  Limitation  of  City  Indebtedness. — Except  as  otherwise  in 
this  Charter  provided,  no  bonds  shall  be  issued  for  any  purpose,  ex¬ 
cept  in  pursuance  of  an  ordinance  authorizing  the  same,  which  ordi¬ 
nance  shall  be  irrepealable  until  the  indebtedness  therein  provided 
for,  and  the  bonds  issued  in  pursuance  thereof,  shall  have  been  fully 
paid,  and  no  bonds  shall  be  issued  unless  the  question  of  issuing  the 
bonds  shall  be  submitted  to  the  vote  of  such  qualified  electors  of  the 
City  as  shall  in  the  year  next  preceding  such  election  have  paid  a 
property  tax  therein,  and  a  majority  of  those  voting  upon  the 
question  by  ballot  shall  vote  in  favor  of  issuing  such  bonds. 

The  City  shall  not  become  indebted  for  any  purpose  or  in  any 
manner  to  an  amount  which,  including  existing  indebtedness,  shall 
exceed  three  per  cent,  of  the  assessed  valuation  of  the  taxable  prop¬ 
erty  within  the  City,  as  shown  by  the  last  preceding  assessment  for 
City  purposes ;  provided .  however,  that  in  determining  the  limita¬ 
tion  of  the  City's  power  to  incur  indebtedness  there  shall  not  be  in¬ 
cluded  bonds  issued  for  the  acquisition  of  water,  light  or  other  public 
utilities,  works  or  ways  from  which  the  City  will  derive  a  revenue. 

48.  Special  Statute  Continued  in  Force. — The  provisions  of 
Sections  6657  and  6658  of  the  Revised  Statutes  of  Colorado  1908  re¬ 
lating  to  sidewalks,  and  of  Sections  6687  to  6694  thereof  inclusive, 
relating  to  refunding  bonds,  are  hereby  made  and  declared  to  be  in 
full  force  and  effect  in  the  City  until  the  Council  shall  otherwise  by 
ordinance  provide. 


ARTICLE  VIII. 

DEPARTMENT  OF  PUBLIC  SAFETY. 

49.  Council  Establish  Police  and  Fire  Departments. — The 
Council  shall,  by  ordinance,  provide  for  the  establishment  and  main¬ 
tenance  of  a  Police  Department  and  a  Fire  Department,  consisting 
of  such  employes  as  it  may  deem  necessary. 

50.  Commissioner  Have  Supervision. — The  Commissioner  of 
Public  Safety  shall  have  the  supervision  and  control  of  the  Police 
and  Fire  Departments  except  as  otherwise  provided  in  this  Charter, 
or  by  ordinance. 


1 


16 


V 


I 


51.  Police  and  Fire  Department  Relief  Funds. — The  Council 
shall  by  ordinance  provide  for  a  police  department  relief  fund  and 
for  a  fire  department  relief  fund,  to  be  administered  by  the  Com¬ 
missioner  of  Public  Safety.  The  Council  shall  annually  appropriate 
a  reasonable  sum  for  each  of  said  funds. 

police  COURT. 

52.  Existing  Law  Apply. — The  existing  Police  Court  of  the 
City  shall  continue  as  provided  in  Sections  4946  to  4960  inclusive, 
of  the  Revised  Statutes  of  Colorado,  1908,  until  otherwise  provided 
by  'ordinance. 

53.  Jurisdiction. — Said  Police  Court  shall  have  exclusive  orig¬ 
inal  jurisdiction  to  hear,  try  and  determine  all  charges  of  misde¬ 
meanor  as  declared  by  this  Charter  and  all  causes  arising  under  any 
of  the  ordinances  of  the  City  for  a  violation  thereof.  There  shall 
be  no  trial  by  jury  and  there  shall  he  no  change  of  venue  from  said 
court. 


ARTICJM  IX. 

DEPARTMENT  OF  PUBLIC  WORKS  AND  PROPERTY. 

% 

54.  Commissioner  Have  Supervision. — The  Commissioner  of 
Public  Works  and  Property  shall  have  the  supervision  and  control 
of  all  streets,  public  works,  ways,  buildings  and  improvements,  ex¬ 
cept  as  otherwise  provided  in  this  Charter  or  by  ordinance. 

There  shall  be  appointed  in  the  manner  provided  in  this  Charter 
all  such  assistants  and  employes  as  may  be  or  become  necessary 
to  the  efficient  administration  of  this  department  of  the  City’s  gov¬ 
ernment. 


ARTICLE  X. 

DEPARTMENT  OF  HEALTH  AND  SANITATION. 

55.  Assistants  and  Employes. — There  shall  be  appointed  in  the 
manner  provided  in  this  Charter,  a  health  officer,  city  chemist,  mar¬ 
ket  master,  plumbing  inspector  and  superintendent  of  cemeteries  and 
all  such  assistants  and  employes  as  may  be  or  become  necessary  to 
the  efficient  administration  of  this  department  of  the  City’s  govern¬ 
ment. 

56.  Qualifications  of  Health  Officer. — The  health  officer  shall 
be  a  graduate  of  a  reputable  medical  college  and  shall  have  practiced 
medicine  for  at  least  five  years.  He  shall  have  been  a  resident  of  this 
City  for  at  least  two  years  next  preceding  his  appointment  and  shall 
be  licensed  to  practice  medicine  in  this  State ;  he  shall  have  his  license 
recorded  with  the  County  Clerk  and  Recorder  of  El  Paso  County,  in 
accordance  with  the  laws  of  the  State  of  Colorado  regulating  the 
practice  of  medicine.  Such  health  officer  shall  devote  as  much  time 
as  is  necessary  to  the  duties  of  his  office. 

17 


57-  Qualifications  of  Assistants. — The  chemist,  market  master, 
plumbing  inspector,  and  the  superintendent  of  cemeteries  shall  be 
persons  properly  skilled  and  qualified  for  the  efficient  and  capable 
performance  of  their  respective  duties. 

58.  Power  of  Arrest. — The  Commissioner  of  Health  and  Sani¬ 
tation  and  all  regularly  appointed  employes  of  the  Department  of 
Health  and  Sanitation  shall  have  the  right  and  power  to  arrest  any 
person  or  persons  who  may  violate  any  of  the  rules  or  regulations 
of  the  department. 

59.  Duty  of  Physicians  and  Householders. — Every  physician  in 
the  City  shall  promptly  report  in  writing  to  said  department  every 
patient  whom  he  shall  have  sick  of  any  infectious,  contagious  or 
communicable  disease  dangerous  to  public  health ;  and  every  house¬ 
holder,  upon  reasonable  notice  from  said  department,  that  an  occu¬ 
pant  of  his  or  her  household  is  suffering  from  any  infectious,  con¬ 
tagious  or  communicable  disease,  dangerous  to  the  public  health, 
shall  forthwith  adopt  such  preventive  means  and  regulations  as  said 
department  shall  prescribe.  Every  physician  who  shall  fail  to  re¬ 
port  such  case  of  sickness  as  required  herein,  and  every  householder 
who  shall  fail  to  comply  with  the  rules,  requirements  and  regulations 
of  said  department,  shall  be  subject  to  such  fines  and  penalties  as 
the  Council  may  by  ordinance  prescribe. 

60.  Council  Make  Ordinances. — The  Council  shall  make  all 
ordinances  and  regulations  which  may  be  necessary  or  expedient  for 
the  preservation  of  the  public  health  and  the  suppression  of  disease. 

ARTICLE  XI. 

COMMISSIONS  AND  BOARDS. 

PARKS. 

61.  Commission — Statutes  Apply. — The  existing  Park  Commis¬ 
sion  of  the  City  shall  continue  with  the  powers,  functions  and  duties 
established  by  Sections  6771  to  6788  inclusive,  of  the  Revised  Stat¬ 
utes  of  Colorado,  1908.  as  in  force  January  1,  1909.  until  changed  by 
amendment  of  this  Charter. 

PUBLIC  LIBRARY. 

62.  Board — Statutes  Apply. — The  existing  Board  of  Directors 
of  the  Public  Library  of  the  City  of  Colorado  Springs  shall  continue 
with  the  powers,  functions  and  duties  established  by  Sections  39 72  to 
3984  inclusive,  of  the  Revised  Statutes  of  Colorado,  1908,  as  in  force 
January  1,  1909,  until  changed  by  amendment  of  this  Charter. 

ARTICLE  XII. 

FRANCHISES  AND  PUBLIC  UTILITIES. 

63.  Franchise  Granted  Upon  Vote. — No  franchise  shall  be 
granted  bv  the  City  except  upon  the  vote  of  the  qualified  tax-paying 

18 


electors,  and  the  question  of  its  being  granted  shall  be  submitted  to 
such  vote  upon  deposit  with  the  Treasurer  of  the  expense  (to  be  de¬ 
termined  by  the  Treasurer)  of  such  submission  by  the  applicant 
for  said  'franchise. 

64.  Franchise  Specify  Streets. — All  franchises  or  privileges 
hereafter  granted  shall  plainly  specify  on  what  particular  streets, 
alleys,  avenues  or  other  public  property  the  same  shall  apply ;  and  no 
franchise  or  privilege  shall  hereafter  be  granted  by  the  City  in  gen¬ 
eral  terms  or  to  apply  to  the  City  generally. 

65.  Power  to  Regulate  Rates  and  Fares. — All  power  to  regu¬ 
late  the  rates,  fares  and  charges  for  service  by  public  utility  corpora¬ 
tions  is  hereby  reserved  to  the  people,  to  be  exercised  by  them  by 
ordinance  of  the  Council  or  in  the  manner  herein  provided  for  initiat¬ 
ing  or  referring  an  ordinance.  Any  right  of  regulation  shall  further 
include  the  right  to  require  uniform,  convenient  and  adequate  service 
to  the  public  and  reasonable  extensions  of  such  service  and  of  such 
public  utility  works. 

66.  Ordinance  in  Plain  Terms. — No  franchise,  right  or  privilege 
or  license  shall  be  considered  as  granted  by  any  ordinance  except 
when  granted  therein  in  plain  and  unambiguous  terms  and  any  and 
every  ambiguity  therein  shall  be  construed  in  favor  of  the  City  and 
against  the  claimant  under  said  ordinance. 

67.  Issuance  of  Stock. — Every  ordinance  granting  any  franchise 
shall  prohibit  the  issuing  of  any  stock  on  account  thereof  by  any 
corporation  holding  or  doing  business  under  said  franchise,  to  an 
amount  in  excess  of  the  sum  which  shall  be  fixed  for  said  purpose  by 
the  Council  whenever  requested  so  to  do  by  the  holder  of  said  fran¬ 
chise  ;  the  said  sum  as  fixed  by  the  Council  shall  consist  of  the  fol¬ 
lowing  items,  only,  to-wit : 

(a)  The  sum  necessarily  expended  by  the  grantee  of  said  fran¬ 
chise  in  obtaining  the  same  from  the  City ;  and 

(b)  The  sum  which  is  in  the  opinion  of  the  Council  reasonably 
sufficient  to  compensate  said  grantee  for  the  time  and  services  given 
by  him  in  obtaining  said  franchise.  Any  violation  of  the  terms  of 
this  section  shall  at  the  option  of  the  City  operate  as  a  forfeiture 
of  said  franchise. 

68.  License  Tax. — The  City  shall  have  the  right  to  license  or 
tax  street  cars,  telephones,  gas  meters,  electric  meters,  water  meters, 
or  any  other  similar  device  for  measuring  service;  also  telephone, 
telegraph,  electric  light  and  power  poles,  subways  and  wires.  The 
said  license  or  tax  shall  be  exclusive  of  and  in  addition  to  all  other 
lawful  taxes  upon  the  property  of  the  holder  thereof. 

69.  Special  Privileges  to  Mail  Carriers,  Policemen  and  Firemen 
— The  grant  of  every  franchise  for  a  street,  suburban  or  interurban 
railroad  shall  provide  that  all  United  States  mail  carriers  and  all 
policemen  and  firemen  of  the  City  in  uniform  shall  at  all  times, 
while  in  the  actual  discharge  of  their  duties,  be  allowed  to  ride  on 

19 


the  cars  of  such  railroad  within  the  boundaries  of  the  City  without 
paying-  therefor  and  with  ail  the  rights  of  other  passengers. 

~  .  Railroad  Elevate  or  Lower  Tracks . — The  Council  shall  by 
> nii nance,  require  under  proper  penalties,  any  railroad  company, 
whether  stean:  or  electric,  to  elevate  or  lower  any  of  its  tracks  run- 
ring  over,  along  or  across  any  of  the  streets  or  alleys  of  the  City, 
whenever  in  the  opinion  of  the  Council  the  public  safety  or  conve¬ 
nience  require. 

Franchise  1  for  Safefr  Hie — The  grant  f  g 

franchise  or  privilege  shall  be  subject  to  the  right  of  the  City, 
whether  in  terms  reserved  or  not.  to  make  all  regulations  which  shall 
be  necessary  to  secure  in  the  most  ample  manner  the  safety,  welfare 
and  accommodation  of  the  public,  including  among  other  things  the 
right  to  pass  and  enforce  ordinances  to  require  proper  and  adequate 
extensions  of  the  service  of  snch  grant,  and  to  protect  the  public 
from  danger  :r  inconvenience  in  the  operation  of  any  work  or  busi¬ 
ness  authorized  bv  the  grant  of  the  franchise  and  the  right  to  make 
and  enforce  all  such  regulations  as  shall  be  reasonably  necessary  to 
secure  adequate,  sufficient  and  proper  service,  extensions  and  accom¬ 
modations  for  the  people  and  insure  their  comfort  and  convenience. 

7 2.  Overs  gh:  of  Franchise  for  Use  of  IVater  Reserved  to  City. 
— Every  franchise,  right  or  privilege  which  has  been,  or  which  may 
be  hereafter  granted,  conveying  any  right,  permission  or  privilege 
to  the  use  :f  the  water  belonging  to  the  City  or  to  its  water  system, 
shall  always  be  subject  to  the  most  comprehensive  oversight,  man¬ 
agement  and  control  in  every-  particular  by  the  City;  and  the  rights 
of  the  City  to  snch  control  for  municipal  purposes  is  retained  by 
the  Citv  in  order  that  nothing  shall  ever  be  done  bv  anv  grantee 
or  assignee  of  any  such  franchise,  right  or  privilege  which  shall  in 
ary.'  way  interfere  with  the  successful  operation  of  the  water  works 
of  the  City,  or  which  shall,  or  which  shall  tend  to.  divert,  impair  or 
-ender  the  same  inadequate  for  the  complete  performance  of  the 
trust  for  the  people  under  which  such  water  works  are  held  by  the 
City. 

73.  At  £  ;  ■  Franchise — Renewal. — Xo  exclusive  fran¬ 
chise  shall  ever  be  granted,  and  no  franchise  shall  be  renewed  before 
one  year  prior  to  its  expiration. 

74  No  Franchise  Leased.  Except. — He  r-anchise  granted  by 
the  City  shall  ever  be  leased,  assigned  or  otherwise  alienated  without 
the  express  consent  of  the  City,  and  no  dealing  with  the  lessee  or 
assignee  on  the  part  of  the  City  to  require  the  performance  of  any 
act  or  payment  of  any  compensation  by  the  lessee  or  assignee,  shall 
be  deemed  to  operate  as  such  consent.  Xo  such  franchise  shall  ever 
be  assigned  to  any  foreign  corporation. 

75.  No  Extension  or  Enlargement  of  Franchise ,  Except. — Xo 
extension  or  enlargement  of  any  franchise  or  grant  of  rights  or 
powers  previously  granted  to  any  corporation,  person  or  association 

20 


of  persons,  shall  be  made  except  in  the  manner  and  subject  to  all  the 
conditions  herein  provided  for  in  this  Article  for  the  making  of  orig¬ 
inal  grants  and  franchises ;  provided,  however,  that  the  provisions  of 
this  Article  shall  not  apply  to  the  granting  by  ordinance  of  revocable 
licenses  or  privileges  for  side  track  or  switch  privileges  to  railway 
companies  for  the  purpose  of  reaching  and  affording  railway  con¬ 
nection  and  switch  privileges  to  the  owners  or  users  of  any  indus¬ 
trial  plant,  it  being  the  intention  to  permit  the  City  to  grant  such 
revocable  licenses  or  privileges  to  railway  companies  whenever  in 
its  judgment  the  same  is  expedient,  necessary  or  advisable,  and 
whenever  the  application  for  such  privileges  is  accompanied  by  the 
assent  in  writing  of  the  owners  of  the  major  part  in  extent  of  the 
front  feet  of  the  lots  or  tracts  of  land  of  the  block  fronting  on  each 
side  of  any  street,  or  parts  of  a  street,  over  or  on  which  it  is  desired 
to  lay  or  construct  such  side  tracks  or  switches. 

76.  Provision  for  Common  Use  of  Tracks,  Poles,  Etc. — The 
City,  by  and  through  its  Council,  shall  have  the  power  to  require  any 
corporation  holding  a  franchise  from  the  City,  to  allow  the  use  of  its 
tracks,  poles  and  wires  by  any  other  corporation  to  which  the  City 
shall  grant  a  franchise,  upon  the  payment  of  a  reasonable  rental 
therefor,  and  any  franchise  or  right  which  may  hereafter  be  granted 
to  any  person  or  corporation  to  operate  a  street  railway  within  the 
City  or  its  suburbs,  shall  be  subject  to  the  condition  that  the  City 
shall  have  the  right  to  grant  to  any  other  person  or  corporation  de¬ 
siring  to  build  or  operate  a  street  railway  or  interurban  railway  with¬ 
in  or  into  the  City,  the  right  to  operate  its  cars  over  the  tracks  of 
said  street  railway  in  so  far  as  may  be  necessary  to  enter  the  City 
and  to  reach  the  section  thereof  used  for  business  purposes,  provided 
that  the  person  or  corporation  desiring  to  operate  its  cars  over  the 
lines  of  said  street  railway,  shall  first  agree  in  writing  with  the 
owner  thereof  to  pay  it  reasonable  compensation  for  the  use  of  its 
tracks  and  facilities.  And  if  the  person  or  corporation  desiring  to 
use  the  same  cannot  agree  with  said  owner  of  said  street  railway  as 
to  said  compensation,  within  sixty  days  from  offering  in  writing  so 
to  do,  and  as  to  terms  and  conditions  of  the  use  of  said  tracks  and 
facilities,  then  the  Council  shall,  by  resolution,  after  a  fair  hearing  to 
the  parties  concerned,  fix  the  terms  and  conditions  of  such  use  and 
compensation  to  be  paid  therefor,  which  award  of  the  Council  when 
so  made,  shall  be  binding  on  and  observed  by  the  parties  concerned. 

77-  Mayor  Maintain  General  Supervision  —  Reports  —  Inspec¬ 
tion. — The  Mayor  shall  maintain  general  supervision  over  all  public 
utility  companies  insofar  as  they  are  subject  to  municipal  control. 
He  shall  cause  to  be  instituted  such  actions  or  proceedings  as  may 
be  necessary  to  prosecute  public  utility  companies  for  violations  of 
law,  and  may  revoke,  cancel  or  annul  all  franchises  that  may  have 
been  granted  by  the  City,  which  have  become  in  whole  or  in  part, 
or  which  for  anv  reason  are,  illegal  or  void  and  not  binding  upon  the 
City. 


21 


He  shall  require  every  person  or  corporation  operating  under  a 
franchise  or  grant  from  the  City,  to  submit  to  the  Council  within 
sixty  days  after  the  first  day  of  January  of  each  year,  an  annual  re¬ 
port,  verified  by  the  oath  of  the  President,  the  Treasurer  or  the  Gen¬ 
eral  Manager  thereof,  showing  in  detail — 

(a)  The  amount  of  its  authorized  capital  stock  and  the  amount 
thereof  issued  and  outstanding. 

( b )  The  amount  of  its  authorized  bonded  indebtedness  and  the 
amount  of  its  bonds  and  other  forms  of  evidence  of  indebtedness 
issued  and  outstanding. 

(c)  An  itemized  statement  of  its  receipts  and  expenditures  for 
the  preceding  calendar  year. 

( d )  The  amount  paid  as  dividends  upon  its  stock  and  as  interest 
upon  its  bonds  and  other  indebtedness. 

( e )  The  names  of  and  the  amount  paid  as  salary  to  each  officer 
and  the  amount  paid  as  wages  to  its  employes. 

(f)  A  full  description  of  its  property  and  franchises,  stating  in 
detail  how  each  franchise  stated  to  be  owned  was  acquired  and  the 
book  value  thereof ;  and 

(g)  Such  other  information  as  may  be  required  by  the  Council. 

Such  reports  shall  be  in  the  form  and  cover  the  period  pre¬ 
scribed  by  the  Council ;  and  the  Council  shall  have  the  power  either 
through  members  or  by  experts  or  employes  duly  authorized  by  it, 
to  examine  the  books  and  affairs  of  any  such  person,  persons  or  cor¬ 
porations  and  to  compel  the  production  before  them  of  books  and 
papers  pertaining  to  such  report  or  other  matters. 

Any  such  person,  persons  or  corporation  which  shall  fail  to 
make  any  such  report,  shall  be  liable  to  a  penalty  of  one  hundred  dol¬ 
lars  and  an  additional  penalty  of  one  hundred  dollars  for  each  and 
every  day  thereafter,  during  which  he  shall  fail  to  file  his  report,  to 
be  sued  for  and  recovered  in  any  court  of  record. 

The  Mayor  shall  have  the  power,  either  personally  or  through 
the  City’s  inspectors  or  employes  duly  authorized  by  the  Council,  to 
enter  into  or  upon  and  to  inspect  the  buildings,  plants,  power  houses 
and  all  properties  of  any  such  person,  persons  or  corporation,  and 
shall  inspect  the  properties  of  such  person,  persons  or  corporation 
at  least  once  a  year  and  shall  immediately  thereafter  report  to  the 
Council  a  detailed  and  complete  statement  of  such  inspection. 

78.  Books  of  Record  and  Reference. — The  Mayor  shall  provide 
and  cause  to  be  kept  in  the  office  of  the  City  Clerk,  the  following- 
books  of  record  and  reference: 

First — A  Franchise  Record,  indexed  and  of  proper  form  in 
which  shall  be  transcribed  accurate  and  correct  copies  of  all  fran¬ 
chises  or  grants  by  the  City  to  any  person,  persons  or  corporation 
owning  or  operating  any  public  utility.  The  index  of  said  record 
shall  give  the  name  of  the  grantee  and  thereafter  the  name  of  any 
assignee  thereof.  Said  record  shall  be  a  complete  history  of  all 

22 


franchises  granted  by  the  City  and  shall  include  a  comprehensive 
and  convenient  reference  to  actions,  contests  or  proceedings  at  law, 
if  anv,  affecting  the  same. 

Second — A  Public  Utility  Record,  for  every  person,  persons  or 
corporation  owning  or  operating  any  public  utility  under  any  fran¬ 
chise  granted  by  the  City,  into  which  shall  be  transcribed  accurate 
and  correct  copies  of  each  and  every  franchise  granted  by  the  City 
to  said  person,  persons  or  corporation  or  which  may  be  controlled  or 
acquired  by  them  or  it,  together  with  copies  of  all  annual  reports  and 
inspection  reports,  as  herein  provided,  and  such  other  matters  of  in¬ 
formation  and  public  interest  as  the  Mayor  may  from  time  to  time 
acquire.  All  annual  and  inspection  reports  shall  be  published  once 
in  two  daily  newspapers  of  general  circulation  published  in  the  City, 
or  printed  and  distributed  in  pamphlet  form,  as  the  Council  may 
deem  best,  and  in  case  annual  reports  are  not  filed  and  inspections 
are  not  made,  as  provided,  the  Mayor  shall  in  writing  report  to  the 
Council  the  reasons  therefor,  which  report  shall  be  transcribed  in  the 
Record  of  the  person,  persons  or  corporation  owning  or  controlling 
said  franchise  or  grant,  and  published  once  in  two  daily  newspapers 
of  general  circulation  published  in  the  City,  or  printed  and  distrib¬ 
uted  in  pamphlet  form,  as  the  Council  may  deem  best. 

The  provisions  of  this  section  shall  apply  to  all  persons  or  cor¬ 
porations  operating  under  any  franchise  now  in  force  or  hereafter 
granted  by  the  City. 

79.  Books  of  Account — Examination. — The  City,  when  owning 
any  public  utility,  shall  keep  the  books  of  accounts  for  such  public 
utility  distinct  from  other  City  accounts  and  in  such  manner  as  to 
show  the  true  and  complete  financial  result  of  such  City  ownership, 
or  ownership  and  operation,  as  the  case  may  be.  Such  accounts 
shall  be  so  kept  as  to  show  the  actual  cost  to  such  City  of  the  public 
utility  owned ;  all  cost  of  maintenance,  extension  and  improvement ; 
all  operating  expenses  of  every  description,  in  case  of  such  City 
operation ;  the  amounts  set  aside  for  sinking  fund  purposes ;  if 
water  or  other  service  shall  be  furnished  for  the  use  of  such  public 
utility  without  charge,  the  accounts  shall  show,  as  nearly  as  possible 
the  value  of  such  service,  and  also  the  value  of  such  similar  service 
rendered  by  the  public  utility  to  any  other  City  department  without 
charge ;  such  accounts  shall  also  show  reasonable  allowance  for  in¬ 
terest,  depreciation  and  insurance,  and  also  estimates  of  the  amount 
of  taxes  that  would  be  chargeable  against  such  property  if  owned  by 
a  private  corporation.  The  Council  shall  cause  to  be  printed  an¬ 
nually  for  public  distribution,  a  report  showing  the  financial  results, 
in  form  as  aforesaid,  of  such  City  ownership,  or  ownership  and 
operation.  The  accounts  of  such  public  utility,  kept  as  aforesaid, 
shall  be  examined  at  least  once  a  year  by  an  expert  accountant,  who 
shall  report  to  the  Council  the  results  of  his  examination.  Such 
expert  accountant  shall  be  selected  in  such  manner  as  the  Council 
may  direct,  and  he  shall  receive  for  his  services  such  compensation, 

23 


to  be  paid  out  of  the  income  or  revenues  from  such  public  utility,  as 
the  Council  may  prescribe. 

80.  Term  Not  Longer  Than  Twenty-five  Years — Compensation. 
— No  franchise,  lease  or  right  to  use  the  streets,  or  the  public  places 
or  property  of  the  City  shall  be  granted  by  the  City,  except  as  in 
this  Charter  provided,  for  a  longer  period  than  twenty-five  (25) 
years,  nor  without  fair  compensation  to  the  City  therefor,  and  in 
addition  to  the  other  forms  of  compensation  to  be  therein  provided, 
the  grantee  shall  be  required  to  pay  annually  to  the  City  such  per¬ 
centage  of  the  gross  receipts  arising  from  the  use  of  such  franchise 
and  of  the  plant  used  therewith  as  shall  be  fixed  in  the  grant  of 
said  franchise.  Provided,  that  such  percentage  be  not  less  than 
three  per  cent,  during  the  first  fifteen  years  and  not  less  than  five 
per  cent,  of  said  gross  annual  receipts  for  the  remainder  of  the  life 
of  the  franchise.  Every  grant  of  a  franchise  shall  fix  the  amount 
and  manner  of  the  payment  of  the  compensation  to  be  paid  by  the 
grantee  for  the  use  of  the  same  and  no  other  compensation  of  any 
kind  shall  be  exacted  for  such  use  during  the  life  of  the  franchise, 
but  this  provision  shall  not  exempt  the  grantee  from  any  lawful 
taxation  upon  his  or  its  property,  nor  from  any  licenses,  charges  or 
impositions  not  levied  on  account  of  such  use. 

81.  City  May  Purchase — Procedure. — (a)  Every  grant  of  a 
franchise  or  right  shall  provide  that  the  City  may,  upon  the  payment 
therefor  of  its  fair  valuation,  to  be  made  as  provided  in  the  grant, 
purchase  and  take  over  the  property  and  plant  of  the  grantee  in 
whole  or  in  part. 

The  procedure  to  effect  such  purchase  shall  be  as  follows : 

When  the  Council  shall,  by  resolution,  direct  that  the  Mayor 
shall  ascertain  whether  any  such  property  or  part  thereof,  should  be 
acquired  by  the  City,  or  in  the  absence  of  such  action  of  the  Council, 
when  a  petition  subscribed  by  ten  per  centum  of  the  qualified  tax- 
paying  electors  requesting  that  the  Mayor  shall  ascertain  whether 
any  such  property  or  part  thereof  should  be  acquired  by  the  City, 
shall  be  filed  with  the  Clerk,  the  Mayor  shall  forthwith  carefully  in¬ 
vestigate  said  property  and  report  to  the  Council — 

■ 

( 1 )  At  what  probable  cost  said  property  may  be  acquired. 

(2)  What,  if  any.  probable  additional  outlays  would  be  neces¬ 
sary  to  operate  same. 

(3)  Whether,  if  acquired,  it  could  be  operated  by  the  City  at 
a  profit  or  advantage  in  quality  or  cost  of  service,  stating  wherein 
such  profit  or  advantage  consists. 

(4)  Whether,  if  acquired,  it  could  be  paid  for  out  of  its  net 
earnings,  and  if  so.  within  what  time,  and 

(5)  Such  other  information  touching  the  same  as  he  shall  have 
acquired. 

Such  report  shall  be  made  in  writing,  shall  include  a  statement 
of  facts  in  relation  thereto  with  such  particularity  as  will  enable  the 

24 


Council  to  judge  of  the  correctness  of  his  findings,  and  immediately 
after  submission  to  the  Council,  shall  be  filed  with  the  Clerk,  re¬ 
corded  in  the  Public  Utility  Record  and  published  once  in  each  of 
two  daily  newspapers  of  general  circulation  published  in  the  City, 
or  printed  and  distributed  in  pamphlet  form,  as  the  Council  may 
deem  best. 

If  a  petition  subscribed  by  twenty-five  per  centum  of  the  quali¬ 
fied  tax-paying  electors  of  the  City,  requesting  that  the  question 
whether  or  not  the  Cify  shall  acquire  said  property  shall  be  sub¬ 
mitted  to  a  vote  of  the  people,  shall  within  sixty  days  after  the  filing 
of  said  report  be  filed  with  the  Clerk,  the  Council  shall  provide  by 
ordinance  for  the  submission  of  the  question  to  a  vote  of  the  quali¬ 
fied  tax-paying  electors. 

( b )  Every  grant  reserving  to  the  City  the  right  to  acquire  the 
plant  as  well  as  the  property,  if  any,  of  the  grantee  situated  in,  on, 
above  or  under  the  public  places  of  the  City,  or  elsewhere,  used  in 
connection  therewith,  shall  in  terms  specify  the  method  of  arriving 
at  the  valuation  therein  provided  for  and  shall  further  provide  that 
upon  the  payment  by  the  City  of  such  valuation  the  plant  and  prop¬ 
erty  so  valued,  purchased  and  paid  for  shall  become  the  property  of 
the  City  by  virtue  of  the  grant  and  payment  thereunder  and  without 
the  execution  of  any  instrument  of  conveyance ;  and  every  such 
grant  shall  make  adequate  provision  by  way  of  forfeiture  of  the 
grant,  or  otherwise,  for  the  effectual  securing  of  efficient  service  and 
for  the  continued  maintenance  of  the  property  in  good  order  and 
repair  throughout  the  entire  term  of  the  grant. 

(c)  Whenever  any  plant  or  property  shall  become  the  property 
of  the  City  of  Colorado  Springs,  the  City  shall  have  the  option  at  any 
time  then  or  thereafter  either  to  operate  the  same  on  its  own  ac¬ 
count,  or  by  ordinance  to  lease  the  same  or  any  part  thereof  together 
with  the  franchise  or  right  to  use  the  streets  or  other  public  property 
in  connection  therewith  for  periods  not  exceeding  twenty-five  years 
under  such  rules  and  regulations  as  it  may  prescribe,  or  by  ordin¬ 
ance  to  sell  the  same  to  the  highest  bidder  at  public  sale. 

82.  Matters  in  Charter  N ot  to  Impair  Right  of  Council  to  Insert 
Other  Matters  in  Franchise. — The  enumeration  and  specification  of 
particular  matters  in  this  Charter  which  must  be  included  in  every 
franchise  or  grant,  shall  never  be  construed  as  impairing  the  right  of 
the  Council  to  insert  in  such  franchise  or  grant,  such  other  and  fur¬ 
ther  matters,  conditions,  covenants,  terms,  restrictions,  limitations, 
burdens,  taxes,  assessments,  rates,  fares,  rentals,  charges,  control, 
forfeitures,  or  any  other  provision  whatever,  as  the  Council  shall 
deem  proper  to  protect  the  interests  of  the  people. 

83.  Revocable  Permits. — The  Council  may  grant  a  permit  at  any 
time,  in  or  upon  any  street,  alley  or  public  place,  provided  such 
permit  may  be  revocable  by  the  Council  at  its  pleasure  at  any  time, 
whether  such  right  to  revoke  be  expressly  reserved  in  every  permit 
or  not. 


25 


ARTICLE  XIII. 

ELECTIONS. 

84.  General  and  Special  Municipal  Elections. — A  municipal 
election  shall  be  held  in  the  City  on  the  first  Tuesday  of  July  in  1909 
and  on  the  first  Tuesday  of  April  in  1911,  and  on  the  first  Tuesday 
in  April  of  every  second  year  thereafter,  and  shall  be  known  as  the 
General  Municipal  election. 

A  second  election  shall  be  held  when  necessary  as  provided  in 
Section  104  of  this  Charter,  on  the  second  Tuesday  after  said  Gen¬ 
eral  Municipal  election  and  shall  be  known  as  the  Second  General 
Municipal  election.  All  other  municipal  elections  that  may  be  held 
by  authority  of  this  Charter  or  of  general  law  shall  be  known  as 
Special  Municipal  elections. 

85.  Registration. — ( a )  No  person  shall  be  permitted  to  vote  at 
any  municipal  election,  without  having  been  registered  as  required 
by  the  provisions  of  this  Article. 

(b)  The  Clerk  shall,  as  soon  a§  may  be,  after  each  general  State 
election,  secure  from  the  county  clerk  of  El.  Paso  County  a  certified 
copy  of  the  registration  lists  of  the  electors  of  the  City  registered  for 
that  election. 

(c)  For  municipal  elections  no  new  registration  shall  be  re¬ 
quired,  except  as  hereinafter  provided,  but  any  qualified  elector  of 
the  City  whose  name  is  on  the  registration  lists  used  at  the  then  last 
preceding  general  State  election,  and  who  still  resides  at  the  place 
designated  in  his  said  registration,  shall  be  deemed  properly  regis¬ 
tered  for  any  such  election ;  and  additional  registration  and  changes 
in  registration  may  be  made  as  hereinafter  provided. 

(d)  On  the  eleventh  day  preceding  any  municipal  election  the 
Clerk  shall  deliver  to  the  registration  committee  of  each  election 
precinct  the  proper  registration  list,  and  on  the  tenth  day  preceding 
the  election  thus  to  be  held,  or  if  that  day  be  a  legal  holiday  or  a 
Sunday,  then  on  the  succeeding  day,  the  registration  committee  for 
each  precinct  shall  sit  from  nine  o'clock,  a.  m.  until  nine  o'clock  p.  m. 
at  some  suitable  place  within  the  precinct  to  be  provided  by  the 
Clerk,  and  shall  place  on  said  registration  lists  the  names  of  all 
qualified  electors  of  that  precinct  who  are  not  registered  and  who 
shall  present  themselves  for  registration  and  comply  with  the  require¬ 
ments  prescribed  by  the  general  registration  laws  of  the  State. 

(e)  Before  any  municipal  election  held  for  any  purpose  any 
qualified  elector  whose  name  does  not  appear  upon  the  registration 
lists  shall  have  the  right  to  have  his  name  placed  upon  such  regis¬ 
tration  lists  by  presenting  himself  for  registration  at  the  office  of 
the  Clerk  between  the  hours  of  eight  o'clock  a.  m.  and  nine  o’clock 
p.  m.  on  the  eighth  day  preceding  the  election  thus  to  be  held,  or  if 
that  day  be  a  legal  holiday  or  a  Sunday,  then  on  the  succeeding  day, 
and  by  complying  with  the  requirements  prescribed  by  the  general 
registration  laws  of  the  State. 


26 


( f )  Any  qualified  elector  whose  name  appears  upon  said  regis¬ 
tration  list,  but  who  has  removed  from  the  precinct  in  which  he  is 
registered  to  some  other  precinct,  may  appear  before  the  Clerk  at 
any  time  within  five  days  prior  to  any  municipal  election  and,  upon 
making  oath  in  writing  as  to  his  then  present  residence,  said  Clerk 
shall  draw  a  line  in  red  ink  through  the  registration  of  such  person, 

making  a  note  as  follows:  “Changed . ,  19.  . to  precinct 

. ,  ward . ,”  inserting  the  date  and  number  of  precinct  and 

ward  therein,  and  shall  register  in  red  ink  such  person  in  the  regis¬ 
tration  list  for  the  precinct  in  which  such  person  then  resides ;  and 
a  change  of  residence  within  the  same  precinct  may  be  made  in  like 
manner.  The  Clerk  or  deputy  making  such  change  shall  sign  his 
name  in  the  column  provided  for  the  signatures  of  the  registration 
committee,  and  the  person  so  registered  shall  also  sign  his  name  as 
in  the  case  of  an  original  registration. 

(g)  The  registration  committee  and  the  judges  and  the  clerks  of 
election  shall  be  the  same  as  are  now  or  may  hereafter  be  provided 
by  the  general  laws  of  the  State,  except  as  the  Council  may  other¬ 
wise  by  ordinance  provide. 

86.  Nomination  and  Election  of  Officers. — The  mode  of  nomina¬ 
tion  and  election  of  all  elective  officers  of  the  City  to  be  voted  for  at 
any  municipal  election  shall  be  as  follows  and  not  otherwise : 

87.  Condition  of  Candidacy. — The  name  of  a  candidate  shall  be 
printed  upon  the  ballot  when  a  petition  of  nomination  shall  have  been 
filed  in  his  behalf  in  the  manner  and  form  and  under  the  conditions 
hereinafter  set  forth. 

88.  Form  of  Nomination  Petition. — The  petition  of  nomination 
shall  consist  of  not  less  than  twenty-five  individual  certificates,  which 
shall  read  substantially  as  follows : 

PETITION  OF  NOMINATION. 

Individual  Certificate. 


STATE  OF  COLORADO, 
County  of  El  Paso, 
City  of  Colorado  Springs. 


[  do  hereby  join  in  a  petition  for  the  nomination  of . 

. ,  whose  residence  is  at  No . 

.  Street,  Colorado  Springs,  for  the 

office  of . ,  to  be  voted  for  at  the  municipal  elec¬ 
tion  to  be  held  in  the  City  of  Colorado  Springs  on  the . day 

of . ,  19.  ;  and  I  certify  that  I  am  a  qualified 

elector  and  am  not  at  this  time  a  signer  of  any  other  certificate  nom¬ 
inating  any  other  candidate  for  the  above  named  office,  or,  [in  case 
there  are  several  places  to  be  filled  in  the  above  named  office,]  that  I 
have  not  signed  more  certificates  than  there  are  places  to  be  filled  in 

the  above  named  office;  that  my  residence  is  at  No . 

.  Street,  Colorado  Springs. 

27 


I  further  certify  that  I  join  in  this  petition  for  the  nomination 
of  the  above  named  person  believing  that  he  has  not  become  a  candi¬ 
date  as  the  nominee  or  representative  of  or  because  of  any  promised 
support  from  any  political  party  or  any  committee  or  convention 
representing  or  acting  for  any  political  party. 

(Signed)  . 


STATE  OF  COLORADO, 
County  of  El  Paso., 
City  of  Colorado  Springs. 


. ,  being  first  duly  sworn, 

deposes  and  says,  that  he  is  the  person  who  signed  the  foregoing 
certificate  and  that  the  statements  therein  are  true. 


(Signed)  . . 

Subscribed  and  sworn  to  before  me  this . day  of 

. ,  19* • • • 

My  commission  expires . 


Notary  Public. 

The  petition  of  nomination  of  which  this  certificate  forms  a  part 

shall,  if  found  insufficient,  be  returned  to . 

at  No . Street,  Colorado  Springs. 

89.  Forms  to  be  Supplied  by  the  Clerk. — It  shall  be  the  duty  of 
the  Clerk  to  furnish  upon  application,  a  reasonable  number  of  forms 
of  such  individual  certificates. 

90.  Requirements  of  Certificate. — Each  certificate  must  be  a  sep¬ 
arate  paper.  All  certificates  must  be  of  a  uniform  size  as  determined 
by  the  Clerk.  Each  certificate  must  contain  the  name  of  one  signer 
thereto  and  no  more.  Each  certificate  shall  contain  the  name  of  one 
candidate  and  no  more.  In  case  an  elector  has  signed  two  or  more 
conflicting  certificates,  all  such  conflicting  certificates  shall  be  re¬ 
jected.  Each  signer  must  make  oath  to  his  certificate  before  a 
Notary  Public  substantially  in  the  form  prescribed  in  Section  88  of 
this  Charter. 

91.  Date  of  Presenting  Petition. — A  petition  of  nomination,  con¬ 
sisting  of  not  less  than  twenty-five  individual  certificates  for  any  one 
candidate,  may  be  presented  to  the  Clerk  not  earlier  than  thirty  nor 
later  than  twenty  days  before  the  election.  The  Clerk  shall  endorse 
thereon  the  date  upon  which  the  petition  was  presented  to  him. 

92.  Examination  of  Petition  by  Clerk. — When  a  petition  of  nom¬ 
ination  is  presented  for  filing  to  the  Clerk,  he  shall  forthwith  examine 
the  same,  and  ascertain  whether  it  conforms  to  the  provisions  of  this 
Article.  If  found  not  to  conform  thereto,  he  shall  then  and  there  in 
writing  designate  on  said  petition  the  defect  or  omission  or  reason 
why  such  petition  cannot  be  filed,  and  shall  forthwith  return  the 
petition  to  the  person  named  as  the  person  to  whom  the  same  shall  be 

28 


returned  in  accordance  with  this  Article.  The  petition  may  then 
be  amended  and  again,  but  not  later  than  three  days  after  said  peti¬ 
tion  shall  have  been  returned,  presented  to  the  Clerk,  as  in  the  first 
instance.  The  Clerk  shall  forthwith  proceed  to  examine  the  amended 
petition  as  hereinbefore  provided. 

93.  Filing  of  Petitions. — If  either  the  original  or  the  amended 
petition  of  nomination  be  found  sufficiently  signed,  as  hereinbefore 
provided,  the  Clerk  shall  file  the  same  forthwith. 


94.  Acceptance  or  Withdrawal  of  Candidate. — Any  person  nom¬ 
inated  under  this  Article  shall  file  his  acceptance  with  the  Clerk 
within  five  days  from  the  filing  of  the  petition  of  nomination  and 
in  the  absence  of  such  acceptance  the  name  of  the  candidate  shall 
not  appear  on  the  ballot.  In  said  acceptance  he  shall  make  affidavit 
to  the  fact  that  he  has  not  become  a  candidate  as  the  nominee  or 
representative  of  or  because  of  any  promised  support  from  any  polit¬ 
ical  party  or  any  committee  or  convention  representing  or  acting  for 
any  political  party.  Any  person  whose  name  has  been  presented 
under  this  Article  as  a  candidate  may,  not  later  than  fifteen  davs 
before  the  day  of  election,  cause  his  name  to  be  withdrawn  from 
nomination  by  filing  with  the  Clerk  a  request  therefor  in  writing, 
and  no  name  so  withdrawn  shall  be  printed  upon  the  ballot. 


95.  Preservation  of  Petitions. — The  Clerk  shall  preserve  in  his 
office  for  a  period  of  two  years  all  petitions  of  nomination  and  all 
certificates  belonging  thereto  filed  under  this  Article. 

96.  Flection  Notices. — The  Clerk  shall,  on  the  tenth  day  before 
the  election,  certify  a  list  of  the  candidates  so  nominated  whose 
names  are  entitled  to  appear  on  the  ballot  as  being  the  list  of  can¬ 
didates  nominated  as  required  by  this  Charter,  with  the  offices  to  be 
filled,  and  the  Council  shall  cause  said  certified  list  of  names  and  the 
offices  to  he  filled,  designating  whether  for  a  full  or  unexpired  term, 
to  be  published  in  a  notice  calling  the  election,  three  successive  days 
before  the  election,  in  not  more  than  two  daily  newspapers  of  general 
circulation  published  in  the  City. 

97.  Form  of  Ballots. — The  Clerk  shall  cause  the  ballots  to  be 
printed,  bound,  numbered,  endorsed  and  authenticated,  as  provided 
by  State  law,  except  as  otherwise  required  in  this  Charter.  The 
ballots  shall  contain  the  list  of  names  and  the  respective  offices,  as 
published  in  the  election  notice,  and  shall  be  in  substantially  the 
following  form  : 

GENERAL  (OR  SPECIAL)  MUNICIPAL  ELECTION,  CITY 

OF  COLORADO  SPRINGS.  (Inserting  date  thereof.) 


Instructions  to  Voters-:  To  vote,  place  a  cross  (X)  mark 
with  ink  in  the  circle  opposite  the  name  of  the  candidate  for  whom 
you  desire  to  vote.  All  distinguishing  marks  are  forbidden  and 
make  the  ballot  void.  If  you  wrongly  mark,  tear  or  deface  this 
ballot,  return  it  to  the  Judges  of  Election  and  obtain  another. 

29 


98.  Arrangement  of  Offices  on  Ballot. — The  offices  to  be  filled 
shall  be  arranged  in  separate  columns  in  the  following  order : 

“For  Mayor  (if  any)  vote  for  one,” 

“For  Councilman  (if  any)  vote  for  (giving  number).” 

99.  Circle  for  Placing  Cross. — Circles  shall  be  provided  at  the 
right  of  the  name  of  each  candidate  wherein  to  place  the  cross. 

100.  Blank  Spaces  for  Additional  Candidates. — Spaces  shall  be 
left  below  the  printed  names  of  candidates  for  each  office  equal  in 
number  to  the  number  to  be  voted  for,  wherein  the  voter  may  write 
the  names  of  any  person  or  persons  for  whom  he  may  wish  to  vote. 

101.  Requirements  of  Ballots. — All  ballots  printed  shall  be  pre¬ 
cisely  of  the  same  size,  quality,  tint  of  paper,  kind  of  type  and  color 
of  ink,  so  that  without  the  number,  it  would  be  impossible  to  distin¬ 
guish  one  ballot  from  another.  Space  shall  be  provided  on  the 
ballot  for  Charter  amendments  or  other  questions  to  be  voted  on  at 
the  municipal  elections,  as  provided  by  this  Charter.  The  names  of 
candidates  for  each  office  shall  be  arranged  in  alphabetical  order. 
Nothing  on  the  ballot  shall  be  indicative  of  the  source  of  the  can¬ 
didacy  or  of  the  support  of  any  candidate.  No  ballot  shall  have 
printed  thereon  any  party  or  political  designation  or  mark  and  there 
shall  not  be  appended  to  the  name  of  any  candidate  any  such  party 
or  political  designation  or  mark,  or  anything  indicating  his  views  or 
opinions. 

102.  Sample  Ballots. — The  Clerk  shall  at  least  five  days  before 
the  election  cause  to  be  printed  five  hundred  sample  ballots,  upon 
paper  of  different  color  but  otherwise  identical  with  the  ballot  to  be 
used  at  the  election  and  shall  distribute  the  same  upon  application  to 
registered  voters  at  his  office. 

103.  First  or  Primary  Election. — In  case  there  is  but  one  person 
to  be  elected  to  an  office,  the  candidate  receiving  a  majority  of  the 
votes  cast  for  all  the  candidates  for  that  office  shall  be  declared 
elected ;  in  case  there  are  two  or  more  persons  to  be  elected  to 
an  office,  then  those  candidates  equal  in  number  to  the  number  to 
be  elected,  who  receive  the  highest  number  of  votes  for  such  office 
shall  be  declared  elected ;  proznded,  however }  that  no  person  shall 
be  declared  elected  to  any  office  at  such  first  election  unless  the 
number  of  votes  received  by  him  shall  be  greater  than  one-half  the 
number  of  ballots  cast  at  such  election. 

104.  Second  Election. — As  to  any  office  not  so  filled  by  majority 
vote,  said  first  election  shall  be  deemed  a  primary  election  for  the 
nomination  of  candidates  therefor,  and  a  second  election  shall  be  held 
to  fill  said  office.  At  said  second  election  the  only  candidates  whose 
names  are  printed  upon  the  ballot  shall  be,  if  for  the  office  of  Mayor, 
the  two  persons  who  at  such  primary  election  received  the  highest 
number  of  votes  therefor,  and,  if  for  the  office  of  Councilman,  those 
persons  not  exceeding  twice  the  number  of  the  office  or  offices  to 
be  filled,  who  at  such  primary  election  received  the  highest  num- 

30 


ber  of  votes  less  than  a  majority  for  such  office;  provided,  however, 
that  any  person,  who  at  such  primary  election  received  the  same 
number  of  votes  (for  such  office)  as  any  person  so  made  a  candidate 
for  that  office,  shall  also  be  a  candidate  therefor  at  said  second  elec¬ 
tion,  and  that  any  candidacy  at  said  second  election  made  vacant  by 
death,  withdrawal  or  otherwise  shall  be  filled  by  selection  of  the  per¬ 
son  (or  persons  if  more  than  one)  who  at  said  primary  election 
secured  the  next  highest  number  of  votes  less  than  a  majority  for  said 
office.  At  said  second  election  the  candidates  receiving  the  highest 
number  of  votes  shall  be  declared  elected. 

105.  Date  of  Second  Election. — The  said  second  election,  if 
necessary  to  be  held,  shall  be  held  two  weeks  after  the  first  election. 

106.  Rules  Governing  Second  Election. — All  the  provisions  and 
conditions  of  this  Article  as  to  the  conduct  of  an  election,  so  far  as 
they  may  be  applicable,  shall  govern  the  second  election,  except  that 
notice  of  election  shall  be  published  once  only,  and  provided  also  that 
the  same  precincts  and  polling  places  shall,  if  possible,  be  used. 

107.  Informalities  in  Election. — No  informalities  in  conducting 
municipal  elections  shall  invalidate  the  same,  if  they  have  been  con¬ 
ducted  fairly  and  in  substantial  conformity  with  the  requirements 
of  this  Charter. 

108.  Statement  of  Expenses  to  be  Filed. — Every  candidate  who 
is  voted  for  at  any  election  held  within  this  City  shall  within  thirty 
days  after  such  election,  file  an  itemized  statement  showing  in  detail 
all  the  moneys  contributed  or  expended  by  him  directly  or  indirectly 
by  himself  or  through  any  other  person  in  aid  of  his  election.  Such 
statement  shall  give  the  names  of  the  various  persons  who  received 
such  money  and  the  specific  nature  of  each  item  and  the  purpose 
for  which  it  was  expended  or  contributed.  There  shall  be  attached 
to  each  statement  an  affidavit  of  such  candidate,  setting  forth  in 
substance  that  the  statement  thus  made  is  in  all  respects  true  and 
that  the  same  is  a  full  and  detailed  statement  of  all  moneys  so  con¬ 
tributed  or  expended  by  him. 

109.  Corrupt  Practices. — Any  person  who  shall,  at  any  munici¬ 
pal  election,  violate  any  of  the  State  laws  in  regard  to  corrupt  prac¬ 
tices,  or  who  shall  fail  to  file  a  sworn  statement  of  expenses  as  here¬ 
inabove  required,  shall,  upon  conviction  thereof,  be  forthwith  dis¬ 
qualified  from  holding  municipal  office,  position  or  employment  for 
a  period  of  two  years,  and  if  such  person  shall  have  been  elected  or 
appointed  to  any  municipal  office,  position  or  employment,  his  con¬ 
viction  of  any  such  violation  shall  ipso  facto  create  a  vacancy  therein. 

Action  for  the  enforcement  of  this  provision  may  be  brought  by 
the  City  Attorney,  or  by  any  citizen,  on  behalf  of  the  City. 

no.  Use  of  Carriages  on  Day  of  Election. — No  candidate  for 
any  elective  office  shall  directly  or  indirectly  use  or  cause  to  be  used 
in  aid  of  his  candidacy  on  the  day  of  any  municipal  election  more 
than  one  carriage  or  other  vehicle  to  aid  voters  to  get  to  the  polling 

31 


places.  Such  carriage  or  other  vehicle  shall  be  used  to  transport 
only  those  voters  who  by  reason  of  illness  or  other  infirmity  are  un¬ 
able  to  go  to  the  polling  places  unless  so  transported.  Any  candi¬ 
date  desiring  to  use  the  one  carriage  or  other  vehicle  above  men¬ 
tioned  shall  not  less  than  one  day  prior  to  the  day  of  election  file  in 
the  office  of  the  Clerk  a  statement  of  such  desire  on  his  part  which 
shall  contain  such  a  description  of  the  carriage  or  vehicle  he  desires 
to  use  as  will  readily  identify  the  same.  No  other  carriage  or  ve¬ 
hicle  than  the  one  so  described  in  the  said  statement  shall  be  used 
by  the  said  candidate,  or  by  any  committee  or  association  promoting 
his  candidacy  for  the  purpose  of  conveying  voters  to  the  polling 
places  on  the  day  of  election. 

A  violation  of  any  of  the  provisions. of  this  section  by  any  can¬ 
didate  shall  disqualify  him  from  holding  the  office  for  which  he  is,  a 
candidate. 

Every  elective  officer  of  the  City  shall,  at  the  time  he  takes  the 
oath  of  office,  be  required  to  take  and  subscribe  an  oath  that  he  has 
not  violated  any  of  the  provisions  of  this  section. 

hi.  General  Election  Regulations. — The  provisions  of  any 
State  law  now  or  hereafter  in  force  except  as  the  Council  may  other¬ 
wise  by  ordinance  provide  relating  to  the  qualifications  and  registra¬ 
tion  of  electors,  the  manner  of  voting,  the  duties  of  election  officers, 
the  canvassing  of  returns,  and  all  other  particulars  in  respect  to 
the  management  of  elections,  except  as  otherwise  provided  in  this 
Article,  so  far  as  they  may  be  applicable,  shall  govern  all  municipal 
elections ;  provided  that  the  Council  shall  meet  as  a  canvassing 
board  and  duly  canvass  the  election  returns  within  two  days  after 
any  municipal  election. 


ARTICLE  XIV. 

RECALL  OF  ELECTIVE  OFFICERS. 

1 12.  Applies  to  All  Elective  Officers. — The  holder  of  any  elect¬ 
ive  office  may  be  removed  by  the  qualified  electors  of  the  City.  The 
procedure  to  effect  such  removal  from  office  shall  be  as  follows : 

1 13.  Petition  for  Recall. — A  petition  signed  by  electors  quali¬ 
fied  to  vote  for  a  successor  to  the  incumbent  sought  to  be  removed 
equal  in  number  to  at  least  thirty  per  centum  of  the  last  preceding 
vote  cast  for  all  candidates  for  Mayor,  demanding  an  election  of  a 
successor  of  said  incumbent  shall  be  addressed  to  the  Council  and 
filed  with  the  Clerk.  The  Council  shall  provide  blank  forms  for 
such  petitions  which  shall  be  kept  by  and  secured  from  the  Clerk. 
The  Clerk,  upon  issuing  such  forms  to  any  person,  shall  enter  the 
name  of  the  person  to  whom  issued,  the  date  of  such  issuance  and 
the  number  of  such  forms  issued  in  a  record  to  be  kept  in  his  office 
for  that  purpose,  and  shall  certify  on  each  of  said  forms  under  his 
seal,  the  name  of  the  person  to  whom  issued  and  the  date  of  the 
issuance.  No  petition  shall  be  filed  unless  it  shall  bear  such  cer- 

32 


tificate  of  the  Clerk.  All  petitions  shall  be  returned  and  filed  with 
the  Clerk  within  thirty  days  from  the  issuance  of  such  blank  forms. 
The  petition  shall  contain  a  specific  statement  of  the  grounds  upon 
which  the  removal  is  sought.  The  signatures  to  the  petition  need 
not  all  be  appended  to  one  paper,  but  each  signer  shall  add  to  his 
signature  his  place  of  residence,  giving  the  street  and  number.  One 
of  the  signers  of  each  such  paper  shall  make  oath  before  an  officer 
competent  to  administer  oaths,  that  the  statements  contained  therein 
are  true,  and  that  each  signature  appended  to  the  paper  is  the  gen¬ 
uine  signature  of  the  person  whose  name  it  purports  to  be.  All 
papers  composing  said  petition  shall  be  assembled  and  filed  as  one 
instrument,  with  endorsement  thereon  of  the  names  and  addresses 
of  three  persons  designated  as  filing  said  petition.  Provided,  that 
prior  to  the  issuance  of  any  blank  forms  of  petition  for  recall  an 
affidavit  shall  be  made  by  one  or  more  qualified  electors,  which  affi¬ 
davit  shall  state  the  name  of  the  officer  or  officers  sought  to  be  re¬ 
moved  and  the  ground  upon  which  the  removal  is  sought,  and  such 
affidavit  shall  be  filed  with  the  Clerk. 

1 14.  Petition  May  Be  Amended  or  New  Petition  Made. — With¬ 
in  ten  days  from  the  filing  of  said  petition  the  Clerk  shall  ascertain 
by  examination  thereof  and  of  the  registration  books  and  election 
returns  whether  the  petition  is  signed  by  the  requisite  number  of 
qualified  electors,  and  shall  attach  thereto  his  certificate  showing  the 
result  of  such  examination.  He  shall,  if  necessary,  be  allowed  extra 
help  by  the  Council. 

If  his  certificate  shows  the  petition  to  be  insufficient,  he  shall 
within  said  ten  days  so  notify  in  writing  one  or  more  of  the  persons 
designated  on  the  petition  as  filing  the  same ;  and  the  petition  may 
be  amended  at  any  time  within  ten  days  from  the  filing  of  the  certifi¬ 
cate.  The  Clerk  shall  within  ten  days  after  such  amendment  make 
like  examination  of  the  amended  petition  and  attach  thereto  his 
certificate  of  the  result.  If  still  insufficient,  or  if  no  amendment  is 
made,  he  shall  return  the  petition  to  one  of  the  persons  designated 
thereon  as  filing  it,  without  prejudice,  however,  to  the  filing  of  a 
new  petition  for  the  same  purpose. 

1 15.  Election  Under  Recall  Petition,  Unless  Officer  Resigns. — 
If  the  petition  or  amended  petition  shall  be  found  and  certified  by 
the  Clerk  to  be  sufficient,  he  shall  submit  the  same  with  his  certifi¬ 
cate  to  the  Council  without  delay,  and  the  Council  shall,  if  the  officer 
sought  to  be  removed  does  not  resign  within  five  days  thereafter, 
thereupon  order  an  election  to  be  held  on  a  Tuesday, fixed  by  it,  not 
less  than  thirty  nor  more  than  forty  days  from  the  date  of  the  Clerk’s 
certificate  that  a  sufficient  petition  is  filed ;  provided,  however,  that 
if  any  other  municipal  election  is  to  occur  within  sixty  days  from 
the  date  of  the  Clerk’s  certificate,  the  Council  may,  in  its  discretion, 
postpone  the  holding  of  the  removal  election  to  the  date  of  such 
other  municipal  election.  If  vacancy  occur  in  said  office  after  a 
removal  election  has  been  so  ordered,  the  election  shall  nevertheless 
proceed  as  in  this  Article  provided. 

33 


n6.  Candidates — Election. — Any  officer  sought  to  be  removed 
may  be  a  candidate  to  succeed  himself,  and  unless  he  requests  other¬ 
wise  in  writing,  the  Clerk  shall  place  his  name  on  the  official  ballot 
without  nomination.  The  nomination  of  other  candidates,  the  pub¬ 
lication  of  notice  of  such  removal  election  and  the  conduct  of  the 
same,  shall  all  be  in  accord  with  the  provisions  of  Article  XIII  hereof, 
relating  to  elections.  In  such  removal  election  the  candidate  re¬ 
ceiving  the  majority  of  all  votes  cast  for  said  office  at  the  first  elec¬ 
tion,  or  if  that  prove  to  be  a  primary  election,  then  the  candidate  re¬ 
ceiving  the  highest  number  of  votes  at  the  second  election  shall  be 
declared  elected.  Said  second  election,  if  necessary,  shall  be  held 
fourteen  days  after  the  first  election. 

1 17.  Incumbent  Removed. — The  incumbent  shall  continue  to 
perform  the  duties  of  his  office  until  the  removal  election.  Jf  then 
elected,  he  shall  continue  in  office  for  the  balance  of  his  term.  If 
not  then  elected,  he  shall  be  deemed  removed  upon  the  qualification 
of  his  successor,  who  shall  hold  office  during  the  unexpired  term.  If 
the  successor  fail  to  qualify  within  ten  days  after  receiving  notifica¬ 
tion  of  his  election,  the  incumbent  shall  thereupon  be  deemed  re¬ 
moved  and  the  office  vacant.  The  method  of  removal  by  recall  here¬ 
in  provided  for,  shall  be  cumulative  and  additional  to  any  method 
otherwise  provided  in  this  Charter. 

1 18.  No  Recall  Petition  for  First  Six  Months. — No  recall  peti¬ 
tion  shall  be  filed  against  any  officer  until  he  has  actually  held  his 
office  for  at  least  six  months. 

1 19.  Incapacity  of  Recalled  Officer. — No  person  who  has  been 
removed  from  an  office  by  recall,  or  who  has  resigned  from  such 
office  while  recall  proceedings  were  pending  against  him,  shall  be 
appointed  to  any  office  within  one  year  after  such  removal  by  recall 
or  resignation. 


ARTICLE  XV. 

THE  INITIATIVE. 

120.  Direct  Legislation. — Any  proposed  ordinance  may  be  sub¬ 
mitted  to  the  Council  by  petition  signed  by  qualified  electors  of  the 
City,  equal  in  number  to  the  percentage  hereinafter  required.  The 
procedure  in  respect  of  such  petition  shall  be  the  same  as  provided  in 
Sections  1 1 3  and  114  of  this  Charter,  with  such  modifications  as  the 
nature  of  the  case  requires,  except  that  no  blank  forms  shall  be 
furnished  or  preliminary  affidavit  made. 

1 21.  Fifteen  Per  Centum  Petition. — If  the  petition  accompany¬ 
ing  the  proposed  ordinance  be  signed  by  qualified  electors  equal  in 
number  to  fifteen  per  centum  of  the  last  preceding  vote  cast  for  all 
candidates  for  Mayor,  and  contains  a  request  that  said  proposed  or¬ 
dinance  be  submitted  to  a  vote  of  the  people,  if  not  passed  bv  the 

34 


Council,  the  Council  shall  within  twenty  days  after  the  attachment 
of  the  Clerk's  certificate  of  sufficiency  to  the  accompanying  petition, 

either 

(a)  Pass  said  ordinance  without  alteration,  (subject  to  the 
referendary  vote  under  the  provisions  of  Section  130  of  this 
Charter)  ;  or 

( b )  Call  a  special  election  unless  a  general  municipal  election 
is  fixed  within  ninety  days  thereafter,  and  at  such  special  or  general 
municipal  election  said  proposed  ordinance  shall  be  submitted  with¬ 
out  alteration  to  the  vote  of  the  qualified  electors  of  the  City. 

122.  Five  Per  Centum  Petition. — If  the  petition  be  signed  by 
qualified  electors  equal  in  number  to  at  least  five  per  centum  but  less 
than  fifteen  per  centum  of  the  last  preceding  vote  cast  for  all  candi¬ 
dates  for  Mayor,  and  said  proposed  ordinance  be  not  passed  with¬ 
out  alteration  by  the  Council  within  twenty  days,  as  provided  in  the 
preceding  section,  then  such  proposed  ordinance,  without  alteration, 
shall  be  submitted  by  the  Council  to  electoral  vote  at  the  next  gen¬ 
eral  municipal  election  occurring  not  less  than  thirty  days  thereafter. 

123.  Publication  of  Electoral  Ordinance. — Whenever  any  pro¬ 
posed  ordinance  is  required  by  this  Charter  to  be  submitted  to  the 
voters  of  the  City  at  any  election,  the  Council  shall  cause  said  pro¬ 
posed  ordinance  to  be  published  in  like  manner  as  other  proposed 
ordinances  are  required  to  be  published. 

124.  Election. — The  ballots  used  when  voting  upon  such  pro¬ 
posed  ordinance  shall  contain  the  words:  “For  the  Ordinance’’ 
(stating  the  nature  of  the  proposed  ordinance)  and  “Against  the 
Ordinance”  (stating  the  nature  of  the  proposed  ordinance.)  If  a 
majority  of  the  qualified  electors  voting  on  said  proposed  ordinance 
shall  vote  in  favor  thereof,  the  same  shall  thereupon  become  an  or¬ 
dinance  of  the  City. 

125.  Several  Ordinances  at  One  Election. — Any  number  of  pro¬ 
posed  ordinances  may  be  voted  on  at  the  same  election,  in  accordance 
with  the  provisions  of  this  Article. 

126.  Limit  to  Special  Elections. — There  shall  not  be  held  under 
this  Article  of  the  Charter,  more  than  one  special  election  in  any 
period  of  twelve  months. 

127.  Repeal  of  Electoral  Ordinance. — The  Council  may  submit 
a  proposition  for  the  repeal  or  amendment  of  any  ordinance  so 
adopted  by  electoral  vote,  to  be  voted  upon  at  any  succeeding  gen¬ 
eral  municipal  election,  and  should  such  proposition  so  submitted  re¬ 
ceive  a  majority  of  the  votes  cast  thereon  at  such  election,  such  ordi¬ 
nance  shall  be  repealed  or  amended  accordingly.  An  ordinance  so 
adopted  by  electoral  vote,  cannot  be  repealed  or  amended  except  by 
electoral  vote. 

128.  Further  Regulations. — The  Council  may,  by  ordinance, 
make  such  further  regulations  as  it  may  deem  necessary  to  carry  out 
the  provisions  of  this  Article. 


35 


ARTICLE  XVI. 

THE  REFERENDUM. 


129.  Mode  of  Protesting  Against  Ordinances. — No  ordinance 
passed  by  the  Council  shall  go  into  effect  before  ten  days  from  the 
time  of  its  final  passage,  except  ordinances  making  tax  levy  or  ap¬ 
propriation,  or  in  respect  of  a  parking  or  paving  district,  and  ex¬ 
cepting  also  any  ordinance  for  the  immediate  preservation  of  the 
public  peace,  health  or  safety,  which  contains  a  statement  of  its 
urgency.  If,  during  said  ten  days,  a  petition  signed  by  qualified 
electors  of  the  City  equal  in  number  to  at  least  fifteen  per  centum  of 
the  last  preceding  vote  cast  for  all  candidates  for  Mayor  be  pre¬ 
sented  to  the  Council,  protesting  against  the  going  into  effect  of 
such  ordinance,  the  same  shall  thereupon  be  suspended  from  going 
into  effect,  and  it  shall  be  the  duty  of  the  Council  to  reconsider  such 
ordinance,  and  if  the  same  be  not  entirely  repealed,  the  Council  shall 
submit  the  ordinance,  as  is  provided  in  Article  XV  of  this  Charter, 
to  a  vote  of  the  qualified  electors  of  the  City,  either  at  the  next 
general  municipal  election  or  at  a  special  election  to  be  called  for 
that  purpose,  and  such  ordinance  shall  not  go  into  effect  unless  a 
majority  of  the  qualified  electors  voting  on  the  same  shall  vote  in 
favor  thereof.  The  procedure  in  respect  of  such  petition  shall  be 
the  same  as  provided  in  Sections  113  and  114  of  this  Charter,  with 
such  modifications  as  the  nature  of  the  case  requires,  except  that  no 
blank  forms  shall  be  furnished  or  preliminary  affidavit  made. 

130.  Reference  by  the  Council. — The  Council  may,  of  its  own 
motion,  submit  to  electoral  vote  for  adoption  or  rejection  at  a  gen¬ 
eral  or  special  municipal  election  any  proposed  ordinance  or  measure 
in  the  same  manner  and  with  the  same  force  and  effect  as  is  pro¬ 
vided  in  Article  XV.  If  the  provisions  of  two  or  more  proposed 
ordinances  or  measures  adopted  or  approved  at  the  same  election 
conflict,  then  the  ordinance  or  measure  receiving  the  highest  affirma¬ 
tive  vote  shall  control. 

131.  further  Regulations. — The  Council  may,  by  ordinance, 
make  such  further  regulations  as  it  may  deem  necessary  to  carry  out 
the  provisions  of  this  Article. 

ARTICLE  XVII. 

OFFICERS,  EMPLOYES  AND  SALARIES. 

132.  Officers — Employes. — The  Mayor,  Councilmen  and  Police 
Magistrate  shall  be  the  officers  of  the  City.  All  other  persons  in  the 
service  of  the  City,  or  of  any  commission  or  board  thereof,  are  here¬ 
by  declared  to  be  employes.  Except  as  herein  otherwise  provided 
the  Council  shall  by  ordinance  fix  the  compensation  of  salaried  em¬ 
ployes,  and  until  such  compensation  has  been  fixed  by  ordinance,  as 
aforesaid,  the  same  shall  remain  as  now  provided. 

36 


133-  Office  Hours. — It  shall  be  the  duty  of  the  Mayor  and  each 
Councilman  to  maintain  regular  office  hours  at  the  City  Hall. 

134.  Salary  of  Mayor. — The  salary  of  the  Mayor  shall  be 
Thirty-six  Hundred  Dollars  ($3,600.00)  per  annum,  of  which 
Eighteen  Hundred  Dollars  ($1,800.00)  shall  be  charged  to  the  De¬ 
partment  of  Water  and  Water  Works.  Said  salary  shall  be  pay¬ 
able  in  equal  monthly  installments. 

135.  Salary  of  Councilmen. — The  salary  of  each  Councilman 
shall  be  Two  Thousand  Dollars  ($2,000.00)  per  annum,  payable  in 
equal  monthly  installments. 

136.  Removal  Terminates  Salary. — In  case  of  removal  of  any 
officer  or  employe  his  right  to  salary  shall  thereupon  cease. 

137.  Appointment  of  Clerk  and  Attorney.- — A  City  Clerk  shall 
be  appointed  by  the  Council.  A  City  Attorney  shall  be  appointed  by 
the  Mayor,  subject  to  confirmation  by  the  Council. 

138.  Treasurer — Auditor. — The  positions  of  Treasurer  and 
Auditor  shall  continue  with  the  powers,  duties  and  compensation  as 
now  established  by  law,  subject  to  the  provisions  of  this  Charter, 
until  the  Council  shall  by  ordinance  otherwise  provide. 

139.  Oaths. — Every  officer  shall,  before  he  enters  upon  the 
duties  of  his  office,  take,  subscribe  and  file  with  the  Clerk  an  oath 
or  affirmation  to  support  the  Constitution  of  the  United  States  and 
the  Constitution  of  the  State  of  Colorado,  and  to  faithfully  perform 
the  duties  of  the  office  upon  which  he  shall  be  about  to  enter. 

140.  Bonds. — If  any  officer  or  employe  is  required  by  law  or  by 
ordinance  to  give  bond,  he  shall  not  be  deemed  qualified  for  his 
office  or  employment  until  such  bond  has  been  duly  approved  and 
filed. 

All  such  bonds  must  be  approved  by  the  Mayor,  who  shall  have 
the  custody  thereof. 

A  reasonable  charge  by  a  Surety  Company  for  qualifying  upon 
such  bond  shall,  when  approved  by  the  Mayor,  be  paid  by  the  City. 

141.  Receive  No  Commissions,  Profits,  Free  Tickets,  Etc. — No 
officer  or  employe  shall  receive  any  commission,  money  or  thing 
of  value,  or  derive  any  profit,  benefit  or  advantage,  direct  or  indirect, 
from  or  by  reason  of  any  dealings  with  or  services  for  the  City  by 
himself  or  by  others,  or  from  or  by  reason  of  any  alterations,  im¬ 
provements  or  repairs  required  by  authority  of  the  City,  except 
his  lawful  compensation  as  such  officer  or  employe,  and  his  share  of 
the  public  benefit. 

No  officer  or  employe  shall  accept,  directly  or  indirectly,  from 
the  holder  of  any  public  utility  franchise  in  the  City,  any  frank, 
free  ticket,  free  service,  or  other  service  upon  terms  more  favorable 
than  those  granted  to  the  public  generally.  This  prohibition  shall 

37 


not  extend  to  transportation  of  firemen  and  policemen  in  uniform 
while  in  actual  discharge  of  their  duties. 

Violation  of  this  section  shall  be  a  misdemeanor  and  a  ground 
for  removal. 

142.  Religious  or  Political  Opinions  Not  Affect  Appointment. 
— No  appointment  to  position  under  the  City  government  shall  be 
made  or  be  withheld  by  reason  of  any  religious  or  political  opinions 
or  affiliations  or  political  services,  and  no  appointment  to  or  selec¬ 
tion  for  or  removal  from  any  office  or  employment,  and  no  transfer, 
promotion,  reduction,  reward  or  punishment  shall  be  in  any  manner 
affected  by  such  opinions,  affiliations  or  services. 

143.  Official  Books,  Records,  Etc. —  (a)  All  books,  records  and 
papers  of  every  office,  department,  board  or  commission  are  City 
property  and  must  be  kept  as  such  by  the  proper  officers  or  employes 
during  their  continuance  in  office  and  then  delivered  to  their  suc¬ 
cessors,  who  shall  give  duplicate  receipts  therefor,  one  of  which 
shall  be  filed  with  the  Clerk.  The  failure  to  deliver  such  books, 
records  and  papers  shall  be  a  misdemeanor. 

( b )  Certified  copies  or  extracts  from  the  books,  records  and 
files  shall  be  given  by  the  officer,  board,  commission  or  employe  hav¬ 
ing  the  same  in  custody,  to  any  person  demanding  the  same  and 
paying  for  such  copies  or  extracts,  but  the  records  of  the  Police  De¬ 
partment  shall  not  be  subject  to  inspection  or  copy  without  permis¬ 
sion  of  the  Mayor. 

(c)  All  equipments,  collections,  models,  materials,  instruments, 
tools  and  implements  which  are  collected,  maintained,  used  or  kept 
by  the  City  or  by  any  department,  board  or  commission,  shall  be 
City  property,  and  be  duly  turned  over  by  the  custodian  thereof  to 
his  successor,  or  duly  accounted  for. 

144.  Payment  of  Debts. — Failure  of  any  officer  or  employe  to 
promptly  pay  any  indebtedness  contracted  by  him  while  in  the 
service  of  the  City  shall  be  ground  for  his  removal. 

145.  Attend  to  Duties. — All  persons  holding  any  office  or  em¬ 
ployment  under  the  City,  whether  elective  or  appointive,  shall  be  re¬ 
quired  to  engage  in  the  actual  work  of  the  office  or  employment  so 
held,  to  the  extent  that  their  services  may  be  necessary  for  the  full 
and  complete  discharge  of  the  duties  of  said  office  or  employment, 
and  a  failure  so  to  do  shall  be  ground  for  removal. 

CITY  ATTORNEY. 

146.  Duties. — The  City  Attorney  shall  conduct  all  cases  in 
Court  in  this  State  wherein  the  City  shall  be  party  plaintiff  or  de¬ 
fendant,  or  a  party  in  interest.  He  shall  be  the  legal  adviser  of  the 
Mayor,  Council,  Commissions,  and  heads  of  departments,  in  relation 
to  their  duties,  and  shall  perform  such  other  duties,  not  inconsistent 
herewith,  as  may  be  required  of  him  by  ordinance.  He  shall  receive 
such  salarv  as  the  Council  bv  ordinance  shall  prescribe. 

'.  38 


147-  Assistants. — The  attorney,  with  the  consent  of  the  Council, 
may  employ  an  assistant,  who  shall  receive  such  salary  as  the  Coun¬ 
cil  by  ordinance  shall  prescribe. 

The  Council  may  also,  at  any  time,  employ  other  counsel,  to 
take  charge  of  any  litigation  or  to  assist  the  attorney,  whose  com¬ 
pensation  shall  be  fixed  by  the  Council  at  the  time  of  employment. 

ARTICLE  XVIII. 

CIVIL  SERVICE. 

148.  Commission. — There  is  hereby  established  a  Civil  Service 
Commission  consisting  of  three  members  who  shall  serve  without 
compensation. 

The  Council  first  elected  after  the  adoption  of  this  Charter  shall, 
as  soon  as  practicable  thereafter,  appoint  one  member  of  said  Com¬ 
mission  to  serve  for  two  years,  another  member  to  serve  for  four 
years  and  a  third  member  to  serve  for  six  years.  Biennially  there¬ 
after,  one  member  shall  be  appointed  by  the  Council  to  take  the 
place  of  the  member  whose  term  shall  next  expire,  so  that  one  mem¬ 
ber  shall  be  appointed  every  two  years  to  serve  for  a  period  of  six 
years.  If  a  vacancy  shall  occur  in  the  Commission,  it  shall  be  filled 
by  appointment  by  the  Council  for  the  unexpired  term. 

149.  Commission  Make  Rules. — The  Commission  shall,  with 
the  approval  of  the  Council,  make  such  rules  and  regulations  for  the 
proper  conduct  of  its  business,  as  it  shall  find  necessary  or  expedient. 
The  Commission  shall,  among  other  things,  provide  for  the  classifi¬ 
cation  of  all  employments  in  the  Department  of  Public  Safety  and 
in  the  Department  of  Public  Works  and  Property,  for  open,  com¬ 
petitive  and  free  examinations  as  to  fitness ;  for  an  eligible  list  from 
which  vacancies  shall  be  filled ;  for  a  period  of  probation  before  em¬ 
ployment  is  made  permanent;  and  for  promotion  on  the  basis  of 
merit,  experience  and  record. 

150.  Council  Give  Further  Powers. — The  Council  whenever 
requested  by  the  Commission  may  by  ordinance  confer  upon  the 
Commission  such  other  or  further  rights,  duties  and  privileges  as 
may  be  necessary  adequately  to  enforce  and  carry  out  the  principles 
of  Civil  Service. 

ARTICLE  XIX. 

GENERAL  PROVISIONS. 

1 51.  Present  Form  of  Government  Continue  Until. — Except  as 
otherwise  in  this  Article  provided,  the  form  of  government  exist¬ 
ing  in  the  City  of  Colorado  Springs  at  the  time  of  the  adoption  of 
this  Charter  shall  continue  unaltered,  and  all  officers  and  other  per¬ 
sons  in  the  service  of  the  City  at  the  time  this  Charter  takes  effect, 
shall  continue  to  serve  as  such  and  to  receive  the  compensation 
therefor  now  provided  by  law  or  by  ordinance,  and  to  have  and  ex¬ 
ercise  the  powers,  authority  and  jurisdiction  theretofore  possessed 

39 


by  them  respectively,  until  the  elective  officers  first  elected  hereunder 
shall  have  qualified.  Upon  such  qualification  of  said  elective  officers 
hereunder,  the  term  of  office  of  every  officer  or  other  person  in  the 
service  of  the  City  at  the  time  this  Charter  takes  effect  shall  im¬ 
mediately  cease  and  determine.  Thereafter  all  of  said  offcers  (ex¬ 
cept  the  Mayor  and  aldermen)  and  all  of  said  other  persons  in  the 
service  of  the  City  at  the  time  this  Charter  takes  effect  shall  continue 
to  draw  compensation  at  the  same  rate,  and  to  exercise  like  powers, 
authority  and  jurisdiction  as  theretofore,  until  replaced,  or  until 
the  Council  shall  otherwise  provide. 

152.  Duty  of  Present  Officers  as  to  Elections. — It  shall  be  the 
duty  of  the  Mayor,  the  City  Council  and  the  City  Clerk  in  office 
when  this  Charter  takes  effect,  to  comply  with  all  requirements  of 
Article  XIII  of  this  Charter  relating  to  Elections,  to  the  end  that 
all  things  may  be  done  necessary  to  the  nomination  and  election  of 
the  officers  first  to  be  elected  under  this  Charter. 

153.  Present  Ordinances  Continue  in  Force. — All  laws,  ordin¬ 
ances,  resolutions,  by-laws,  orders,  rules,  or  regulations  in  force  in 
the  City  of  Colorado  Springs  at  the  time  this  Charter  takes  effect, 
and  not  inconsistent  with  the  provisions  of  this  Charter,  whether 
enacted  by  the  authority  of  the  City  or  by  any  other  authority,  shall 
continue  in  full  force  and  effect,  until  the  Council  otherwise  by 
ordinance  provides,  notwithstanding  any  change  of  organization  ef¬ 
fected  by  this  Charter. 

154.  Penalty  for  Violation. — Any  person  who  shall  violate  any 
of  the  provisions  of  this  Charter  for  the  violation  of  which  no  pun¬ 
ishment  has  been  provided  herein,  shall  be  deemed  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  thereof,  shall  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars  ($100)  or  by  imprisonment  in 
the  City  jail  not  exceeding  three  (3)  months,  or  by  both  such  fine 
and  imprisonment. 

155.  Definition  of  Misdemeanor. — The  term  “misdemeanor”  as 
used  in  this  Charter,  shall  mean  a  violation  thereof,  or  of  any  ordin¬ 
ance,  of  which  the  Police  Court  or  Magistrate  shall  have  jurisdiction, 
and  shall  not  have  the  meaning  attached  to  it  in  Chapter  XXX\ 
entitled  “Crimes,”  Revised  Statutes  of  Colorado,  1908. 

156.  Continuing  Bonds,  Etc. — All  official  bonds,  recognizances, 
obligations,  contracts  and  all  other  instruments  entered  into  or  ex¬ 
ecuted  by  or  to  the  City  before  this  Charter  takes  effect,  and  all 
taxes,  fines,  penalties  and  forfeitures  due  or  owing  to  the  City,  and 
all  writs,  prosecutions,  actions  and  causes  of  action,  except  as  herein 
otherwise  provided,  shall  continue  and  remain  unaffected  by  this 
Charter. 

157.  Submission  of  Charter  Amendments.  —  Nothing  herein 
contained  shall  be  construed  as  preventing  the  submission  to  the 
people  of  more  than  one  Charter  amendment  or  measure  at  any  one 
election. 

158.  Reserz'ation  of  Pozver. — The  power  to  supersede  any  law 

40 


of  this  State,  now  or  hereafter  in  force,  insofar  as  it  applies  to  local 
or  municipal  matters,  shall  be  reserved  to  the  City,  acting  by 
ordinance. 

Done  in  Convention,  at  the  Council  Chamber  in  the  City  Hall 
in  the  City  of  Colorado  Springs,  Colorado,  this  twentieth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  nine  hundred  and  nine, 
and  of  the  Independence  of  the  United  States  of  America,  the  one 
hundred  and  thirty-third. 

In  Witness  Whereof,  We  have  hereunto  subscribed  our 
names. 

HARRY  H.  SELDOMRIDGE, 

President. 

JAMES  J.  EUBANK, 

Vice-President , 
EDWARD  C.  SHARER, 

Secretary , 

WILLIAM  M.  BANNING, 

JACOB  BISHOFF, 

WILLARD  N.  BURGESS, 
FRANK  F.  CASTELLO, 
WILLIAM  J.  CHINN, 

THOS.  J.  FISHER, 

JOSEPH  B.  FOWLER, 

M.  C.  GILE, 

OLIVER  P.  GRIMES, 

HENRY  C.  HALL, 

JOHN  M.  HARNAN, 

HENRY  W.  HOAGLAND, 

P.  M.  KISTLER, 

HORACE  G.  LUNT, 

THOMAS  F.  McCAFFERY, 
MYER  S.  RAFIELD, 

WILLIAM  H.  SPURGEON, 
EDGAR  J.  ULLRICH. 


4i 


I 


INDEX 

TO 

COLORADO  SPRINGS  CHARTER 


t 

\ 

Page 

A 

Articles  I  to  XIX.  Inclusive — Contents .  4 

Article  I.  Name,  Boundaries.  Powers.  Rights  and  Liabilities  5 

Article  II.  Elective  Officers  .  6 

Article  III.  The  Council  .  7 

Article  IV.  Mayor  .  9 

Article  V.  Executive  and  Administrative  Departments  .  11 

Article  VI.  Department  of  Water  and  Water  Works  .  12 

Article  VII.  Department  of  Finance  .  13 

Article  VIII.  Department  of  Public  Safety  .  16 

Article  IX.  Department  of  Public  Works  and  Property .  17 

Article  X.  Department  of  Health  and  Sanitation .  17 

Article  XI.  Commissions  and  Boards  .  18 

Article  XII.  Franchises  and  Public  Utilities  .  18 

Article  XIII.  Elections  .  .  .  .' .  26 

Article  XIV.  Recall  of  Elective  Officers  .  32 

Article  XV.  The  Initiative  .  34 

Article  XVI.  The  Referendum  . 36 

Article  XVII.  Officers,  Emploves,  Salaries  .  36 

Article  XVIII.  Civil  Service  ./ .  39 

Article  XIX.  General  Provisions  .  39 

Amendment  of  Ordinances . 8 

Appointments — Vote  of  Council .  9 

Authority  of  Mayor .  9 

Administrative  and  Executive  Departments . .  ..  11 

Distribution — Department  of  Water  and  Water  Works .  11 

Department  of  Finance  .  11 

Department  of  Public  Safety  .  11 

Department  of  Public  Works  and  Property .  11 

Department  of  Public  Health  and  Sanitation .  11 

Council  Assign  Duties  .  11 

Commissioners  of  Departments  .  11 

Council  May  Change  Designation  .  11 

Commissioner  Employ  or  Discharge  Day  Laborers  .  11 

Adoption  of  Existing  Law  . . . .  13 

Assessment — Certificate  of  .  13 

Action  on  Mayor’s  Budget  .  14 

Appropriations  .  15 

Appropriations — (No  Liability  Without  Appropriation)  .  15 

Appropriations — (Special  for  1909)  .  15 

Assistants  and  Employes — Health  Department  .  1 7 

Assistants  and  Employes — Health  Department — Qualifications  ....  18 

42 


Page 


Arrest — Power  of  Health  Department..., .  18 

Acceptance  of  Candidate  .  29 

Arrangement  of  Offices  on  Ballots  .  30 

Applies  (Recall)  to  All  Elective  Officers  .  32 

Attorney  and  Clerk — Appointment  of  .  37 

Auditor  and  Treasurer — Duties,  etc .  37 

Attend  to  Duties — Officials  and  Employes  .  38 

Attorney  (City) — Duties  .  38 

Attorney — Assistants  . 39 


B 


Boundaries  of  City  .  5 

Bonds — Water — Duty  of  Commissioner  . , .  12 

Budget  (Mayor’s)  . .  14 

Budget — Action  on  Same  .  14 

Bonds — Refunding — Sections  6687  to  6694  of  Colorado  Statutes  of 

1908,  continued  in  force  .  16 

Board  of  Directors — Public  Library  to  Continue  .  18 

Books  of  Record  and  Reference  in  regard  to  Franchises .  22 

Books  of  Account — Examination  in  regard  to  Public  Utilities  .  23 

Ballots — Form  of  .  29 

Ballots — Arrangement  of  Offices  .  30 

Circle  for  Placing  Cross  .  30 

Blank  Spaces  for  Additional  Candidates  .  30 

Requirements  .  30 

Samples  .  30 

Bonds  of  Officers  and  Employes  .  37 

Books — Records  (Official),  etc .  38 

Bonds — Contracts — Official  Instruments  to  Continue  .  40 


C 


City  Named  .  5 

Boundaries — Powers — Rights — Liabilities  .  5 

Council —  .  7 

Legislative  Powers  .  7 

President  and  Vice-President  of  Council  .  7 

Judge  of  Their  Election  . ~.  7 

Restrictions  upon  Members  of  Council  .  7 

Rules  of  Council  .  7 

Meetings  of  Council  .  7 

Ordinances  and  Resolutions  .  8 

Publication  of  Ordinances  Adopted  . % .  8 

Amendment  or  Repeal  .  8 

Ordinances  Granting  Franchises  .  8 

Record  of  Ordinances  .  8 

Proof  of  Ordinances  . .* .  8 

Publication  of  Charter  and  Ordinances  .  9 

Power  to  Establish  Offices  .  9 

Statements  . 9 

Vote  of  Council  on  Appointments  .  9 

Council  Assign  Duties  . 11 

Commissioners  of  Departments  .  n 

Council  May  Change  Designation  .  11 

Commissioner  Employ  or  Discharge  Day  Laborers  .  n 

Commissioner  of  Water  Administer  Department  .  12 

Commissioner  Fix  Rate  for  Water  . • .  12 

43 


Page 

Council  Impose  Water  Fines  .  12 

Commissioner  of  Water — Duty  in  regard  to  iionds  .  12 

Certificate  of  Assessment  .  13 

Collection  of  Taxes  .  16 

City  Indebtedness — Limitation  .  16 

Council  Establish  Police  and  Fire  Departments  .  16 

Commissioner  Have  Supervision  of  Departments  .  16 

Commissioner  Have  Supervision  of  Public  Works .  17 

Contagious  Diseases  to  Be  Reported  .  18 

Council  Make  Ordinances  in  regard  to  Health  .  18 

Commissions  and  Boards  .  18 

Park  Commission  to  Continue  .  18 

Board  Directors  of  Public  Library  to  Continue  .  18 

Compensation  for  Franchises,  etc .  24 

City  May  Purchase  Plants  Operated  under  Franchise  .  24 

Charter — Not  to  Keep  City  from  Inserting  Other  Matters  in  Fran¬ 
chises,  etc .  25 

Condition  of  Candidacy  .  27 

Clerk  to  Supply  Blanks  for  Nomination  .  28 

Certificate  of  Nomination —  .  28 

Requirements  .  28 

Clerk  to  Examine  .  28 

Filing  . *. .  29 

Candidates’  Acceptance  or  Withdrawal  .  29 

Circle  for  Placing  Cross  .  30 

Candidates — Blank  Spaces  for  Additional  Candidates  .  30 

Corrupt  Practices  in  regard  to  Elections  .  31 

Carriages — Use  of  on  Election  Day  .  31 

Candidates — Election — Under  Recall  . ' .  34 

Clerk  and  Attorney — Appointment  of  .  37 

Councilmen — Salary,  etc .  37 

Commissions — Free  Tickets — Profits,  etc .  37 

City  Attorney — Duties  . 38 

Assistants  .  39 

Civil  Service — Commission  .  39 

Commission  Make  Rules  .  39 

Council  Give  Further  Powers  .  39 

Continue  in  Force — Present  Ordinances,  Bonds,  Contracts,  etc .  40 

Charter  Amendments — Submission  of  .  40 

D 

Duties  of  Mayor  .  9 

Distribution  of  Power,  etc .  11 

Duties — Council  to  Assign  .  11 

Departments — Commissioners  of  .  n 

Designation — Council  May  Change  .  11 

Discharge  Day  Laborers — Commissioners  May  .  11 

Department  of  Water  an  Entity  . .... .  12 

Department  of  Water  Administered  by  Commissioner  .  12 

Duty  of  Water  Commissioner  in  regard  to  Bonds .  12 

Debt  of  City — Limitation  .  16 

Duty  of  Physicians  and  Householders  .  18 

Date  of  Second  Election  .  31 

Direct  Legislation  .  34 

Debts  to  be  Paid  by  Officials  and  Employes  .  38 

Duties — Attend  to  Same  . • .  38 

Duty  of  Present  Officers  as  to  Elections  .  40 

Definition  of  “Misdemeanor”  .  40 


44 


E 


Page 


Employes — Officers — Members  . 

Elective  Officers — Terms — Qualifications’  . 

Vacancy  . 

Removal . . . 

Executive  and  Administrative  Departments  . 

Distribution — Department  of  Water  and  Water  Works  ... 

Department  of  Finance  . 

Department  of  Public  Safety  . 

Department  of  Public  Works  and  Property  . 
Department  of  Public  Health  and  Sanitation 

Council  Assign  Duties  . 

Commissioners  of  Departments  . 

Council  May  Change  Designation  . 

Commissioner  Employ  or  Discharge  Day  Laborers  . 

Entity — Department  of  Water  and  Water  Works  . 

Emergency  Warrants  in  Water  Department  . 

Existing  Law  Adopted  . . 

Estimates  of  Expense  . 

Exclusive  Franchises  Not  Granted  . 

Extension  of  Franchises — None,  Except  . 

Elections — General  and  Special  Municipal  . 

Registration  . 

Nomination  and  Election  of  Officers  . 

Condition  of  Candidacy  . . 

Form  of  Nomination  Petition  . 

Forms  to  be  Supplied  by  Clerk  . 

Requirement  of  Certificate  . 

Date  of  Presenting  Petition  . 

Examination  of  Petition  by  Clerk  . 

Filing  of  Petitions  . 

Acceptance  or  Withdrawal  of  Candidate  . 

Preservation  of  Petitions  . 

Election  Notices  . 

Form  of  Ballots  . 

Arrangement  of  Offices  on  Ballot  . . 

Circle  for  Placing  Cross  . 

Blank  Spaces  for  Additional  Candidates  . 

Requirements  of  Ballots  . . 

Sample  Ballots  . . 

First  or  Primary  Election  . 

Second  Election  . 

Date  of  Second  Election  . 

Rules  Governing  Second  Election  . . 

Informalities  in  Election  . 

Statement  of  Expenses  to  be  Filed  . 

Corrupt  Practices  . 

Use  of  Carriages  on  Day  of  Election  . . . 

General  Election  Regulations  . 

Election  Under  Recall  Petition,  Unless  Officer  Resigns  . 

Election — Candidates — Under  Recall  . 

Election — Ordinance  by  Initiative  . 

Election — Several  Ordinances  at  One  Flection  . ' . 

Elections  (Special) — Limited  . 

Electoral  Ordinance — Publication  of  . 

Repeal  of  . . 

Further  Regulations  . 

Employes — Officers — Salaries,  etc.  (See  “O”)  . 

Elections — Duty  of  Present  Officers  in  regard  to  . 

45 


2 

6 

6 

7 

ii 

ii 

-i  i 

ii 

ii 

ii 

ii 

ii 

ii 

11 

12 
13 

13 

14 
20 
20 
26 
26 
27 
27 

27 

28 
28 
28 
28 
29 

29 

29 

29 

29 

30 
30 
30 
30 
30 
30 

30 

31 
31 
31 
31 
31 

31 

32 

33 

34 

35 
35 
35 
35 
35 

35 

36 
40 


* 


F 


Page 


Franchise  Ordinances  .  8 

Fines  in  Water  Department — Fixed  by  Council  . ' .  12 

Finance  Department —  .  13 

Fiscal  and  Calendar  Year — Same .  13 

Public  Moneys  .  13 

Adoption  of  Existing  Law  .  13 

Certificates  of  Assessment  .  13 

Estimates  of  Expense  .  14 

Mayor’s  Budget  .  14 

Action  on  Budget  .  14 

Levy  .  14 

Appropriations  .  15 

No  Liability  Without  Appropriation  .  15 

Special  Appropriation  for  1909  .  15 

Collection  of  Taxes  .  16 

Limitation  of  City  Debt  . 16 

Special  Statutes  Continued  in  force  in  regard  to  Sidewalks  and 

Bonds  .  16 

Fire  and  Police  Departments  Established  by  Council  . • .  16 

Fire  and  Police  Departments — Relief  Funds  . . 7 .  17 

Franchises  and  Public  Utilities  .  18 

Franchise  Granted  upon  Vote  .  18 

Franchise  Specify  Streets  .  19 

Power  to  Regulate  Rates  and  Fares  .  19 

Ordinance  (Franchise)  in  Plain  Terms  .  19 

Issuance  of  Stock  .  19 

License  Tax  .  19 

Special  Privileges  (free  transportation  while  on  duty)  to  Mail 

Carriers,  Policemen  and  Firemen  .  19 

Railroads  to  Elevate  or  Lower  Tracks  .  20 

Franchise  Provide  for  Safety,  etc .  20 

Oversight  of  Franchise  for  Use  of  Water — Reserved  to  City  ...  20 

No  Exclusive  Franchise — Renewal  .  20 

No  Franchise  Leased,  Except  .  20 

No  Extension  or  Enlargement  of  Franchise,  Except  .  20 

Provisions  for  Common  Use  of  Tracks,  Poles,  etc .  21 

Mayor  Maintain  General  Supervision — Reports — Inspection  ....  21 

Books  of  Record  and  Reference  .  22 

Books  of  Account — Examination  .  23 

Term  Not  More  than  25  Years — Compensation  .  24 

City  May  Purchase — Procedure  .  24 

Charter  not  Impair  Right  of  Council  to  Insert  Other  Matters 

in  Franchises  .  25 

Revocable  Permits  .  25 

Forms  (Nomination  Petitions)  to  be  Supplied  by  Clerk  .  28 

Form  of  Ballots  .  29 

First  or  Primary  Election  .  30 

Filing  of  Statement  of  Election  Expenses  . .  31 

Fifteen  per  centum  Petition  (Initiative)  .  34 

Five  per  centum  Petition  (Initiative)  .  35 

Further  Regulations  in  regard  Electoral  Ordinance  . .  35 

•  Free  Tickets — Commissions,  Profits,  etc.  .  37 


G 

General  and  Special  Municipal  Elections 
General  Election  Regulations  . 

46 


26 

32 


Page 

General  Provisions  of  Charter  . . . .  39 

Present  Form  of  Government  to  continue,  Until  .  39 

Duty  of  Present  Officers  as  to  Elections  .  40 

Present  Ordinances  Continue  in  force  .  4° 

Penalty  for  Violation  .  4° 

Definition  of  Misdemeanor  .  40 

Continuing  Bonds,  Contracts,  etc .  40 

Submission  of  Charter  Amendments  .  4° 

Reservation  of  Power  . 4° 

Signatures  of  Charter  Convention  Members  .  41 

H 

Health  and  Sanitation — Department  of  .  17 

Assistants  and  Employes  .  17 

Qualifications  of  Health  Officer  .  17 

Qualifications  of  Assistants  .  18 

Power  of  Arrest  .  18 

Duty  of  Physicians  and  Householders  .  18 

Council  Make  Ordinances  .  18 

I 

Infectious  Diseases  to  be  reported  .  18 

Issuance  of  Franchise  Stock  .  19 

Inspection  of  Public  Utilities,  etc .  21 

Informalities  in  Elections  .  31 

Incumbent  Removed — Under  Recall  .  34 

Incapacity  of  Recalled  Officer  .  34 

Initiative  .  34 

Direct  Legislation  .  34 

Fifteen  per  centum  Petition  .  34 

Five  per  centum  Petition  .  35 

Publication  of  Electoral  Ordinance  .  35 

Election  . 35 

Several  Ordinances  at  one  Election  .  35 

Limit  to  Special  Elections  .  35 

Repeal  of  Electoral  Ordinance  .  35 

Further  Regulations  .  35 

J 

1 

Judge  of  Their  Elections — Council  .  7 

Jurisdiction  of  Police  Court  .  17 

L 

Liabilities  of  City — Powers — Rights  . . .  5 

Legislative  Powers  of  Council  .  7 

Laborers,  Day — Commissioner  may  Employ  or  Discharge  .  n 

Law — Adoption  of  Existing  Law  in  Regard  to  Taxes,  etc .  13 

Levy  .  . 14 

Limitation  of  City  Indebtedness  . 16 

Law  Now  Existing,  to  Apply  in  Police  Court  .  17 

Library  (Public)  Board  to  Continue  .  18 

License  Tax  on  Franchises  .  19 


47 


Lease  of  Franchises — None.  Except 

Legislation — Direct  . 

Limit  to  Special  Elections  . 


Page 
. .  20 

*  •  34 

•  •  35 


M 


Members — Officers — Employes  . 2 

Meetings  of  Council  . y 

Mayor — Duties — Authority — Powers  . 9 

Mayor — Veto  Power  .  n 

Moneys — Public  .  13 

Mayor’s  Budget  . 14 

Mail  Carriers,  et  al. — Franchises  to  allow  them  to  ride  free  when 

on  actual  duty  .  19 

Mayor  to  have  General  Supervision  of  all  Public  Utility  Companies  21 

Misdemeanors  . » .  40 

Members  of  Charter  Convention — Signatures  .  41 


N 


Name  of  City  . • .  5 

Nomination  of  Officers  .  27 

Nomination  Petition  .  27 

Nomination  Certificate — Requirements  .  28 

Nomination  Petition — Date  of  Presentation  .  28 

Clerk  to  Examine  .  28 

Filing  .  29 

Notice  of  Election  .  29 

No  Recall  Petition  for  First  Six  Months  .  34 


Officers — Employes — Members  .  2 

Officers,  Elective — Terms,  Qualifications,  Vacancy  .  6 

Removal  .  7 

Ordinances  and  Resolutions  .  8 

Ordinances  Adopted — Publication  of  . *  8 

Granting  Franchises  ' . 8 

Record  of  .  8 

Proof  of  .  8 

And  Charter — Publication  of  .  9 

Offices — Power  to  Establish  .  9 

Ordinances  in  regard  to  Health — Council  to  make  .  18 

Ordinances — Franchises — in  Plain  Terms  .  19 

Oversight  of  all  Franchises  concerning  Water,  by  City  .  20 

Officers  of  City — Nomination  and  Election  .  27 

Officers — Arrangement  of,  on  Ballots  .  30 

Officer  Recalled — No  Recall  for  first  Six  Months  .  34 

Officer  Recalled — Incapacity  of  .  34 

Ordinances — The  Initiative  .  34 

Direct  Legislation  .  34 

Fifteen  per  centum  Petition  .  34 

Five  per  centum  Petition  .  35 

Publication  of  Electoral  Ordinance  .  35 

Election  . ; .  35 

Several  Ordinances  at  one  Election  .  35 

Limit  to  Special  Elections  .  35 


48 


Page 

Repeal  of  Electoral  Ordinance  .  35 

Further  Regulations  .  35 

Ordinances — The  Referendum  . 36 

Mode  of  Protesting  against  same  .  36 

Further  Regulations  . : .  36 

Officers — Employes — Salaries  .  .  = .  36 

Office  Hours  . 37 

Salary  of  Mayor  .  37 

Salary  of  Councilmen  . 37 

Removal  Terminates  Salary  . 37 

Appointment  of  Clerk  and  Attorney  .  37 

Treasurer — Auditor  .  37 

■  Oaths  . .  37 

Bonds  .  37 

Receive  No  Commissions,  Profits,  Car  Tickets,  etc .  37 

Religious  or  Political  Opinions  not  to  Affect  Appointment .  38 

Official  Books*  Records,  etc .  38 

Payment  of  Debts  .  38 

Attend  to  Duties  .  38 

Official  Books,  Records,  etc .  38 

Ordinances  Continue  in  Force  .  40 

P 

• 

Prefatory  Synopsis  .  3 

Preamble  .  5 

Powers  of  City — Rights — Liabilities  . .". .  5 

Powers  of  Council — Legislative  .  7 

President  and  Vice-President  of  Council  .  7 

Publication  of  Ordinances  Adopted  .  8 

Publication  of  Charter  and  Ordinances  .  9 

Power  to  Establish  Offices  .  9 

Publication  each  Month  of  Council  Work  .  9 

Powers  of  Mayor  .  9 

Powers  of  Council — Distribution  .  11 

Public  Moneys  . 13 

Public  Safety — Department  of .  16 

Council  Establish  Police  and  Fire  Departments  .  16 

Commissioner  Have  Supervision  .  16 

Police  and  Fire  Departments — Relief  Funds  .  17 

Police  Court —  . r. .  17 

Existing  Law  Apply  .  17 

Jurisdiction  .  17 

Public  Works  and  Property — Commissioner  Have  Supervision .  17 

Power  of  Arrest — Health  Department  . . .  18 

Physicians  and  Householders — Duty  of  .  18 

Park  Commission  to  Continue  .  18 

Public  Library  Board  to  Continue  .  18 

Public  Utilities  and  Franchises — See  “F”  .  18 

Policemen — Free  Transportation  on  Street  Cars — When  on  Duty  ...  19 

Poles — Tracks,  etc. — Common  Use  of  ; .  21 

Public  Utilities — Books  of  Account  .  23 

Purchase  (by  City)  of  Plants  or  Property  of  Corporations  granted 

Franchises  .  24 

Permits  Revocable  .  25 

Petition  for  Nomination — Form  of  .  27 

Date  of  Presenting  .  28 

Examination  by  Clerk  .  28 

Filing  .  29 


49 


_  Page 

Preserved  .  20 

Primary  Elections  .  30 

Practices  (Corrupt)  in  Elections  .  31 

Petition  for  Recall  .  32 

Petition  for  Recall— May  be  Amended  or  New  Petition  Made  .  33 

Petition  for  Recall — Election  unless  Officer  Resigns  .  33 

Petition  under  Initiative — Fifteen  per  centum  .  34 

Five  per  centum  .  33 

Publication  of  Electoral  Ordinance  .  35 

Profits — Commissions — Free  Tickets,  etc .  37 

Political  or  Religious  Opinion  Not  Affect  Appointments  .  38 

Payment  of  Debts  by  Officers  and  Employes  . . . .  / .  38 

Present  Form  of  Government  to  Continue,  until  .  . .  39 

Present  Officers — Duty  in  Regard  to  Elections  .  40 

Present  Ordinances  Continue  in  Force  .  40 

Penalty  for  Violation  .  40 

Power — Reservation  of  .  40 

Q 

Qualification  of  Elective  Officers  .  6 

Qualification  of  Health  Officer  .  17 

Qualification  of  Assistants  to  Health  Officer  .  18 

R 

Rights  of  City — Powers — Liabilities  .  5 

Removal  of  Elective  Officers  .  7 

Restrictions  upon  Council  Members  .  7 

Rules  of  Council  .  7 

Resolutions  of  Council  .  8 

Repeal  or  Amendment  of  Ordinances  .  8 

Rates  for  Water  Fixed  by  Water  Commissioner  .  12 

Refunding  Bonds — Sec’s.  6687  to  6694  of  Colorado  Statutes  1908,  to 

be  continued  in  force  .  16 

Relief  Funds — Fire  and  Police  Departments  .  17 

Rates  and  Fares  in  Franchises  .  19 

Railroad  to  Elevate  or  Lower  Tracks  .  20 

Renewal  of  Franchises  .  20 

Reports  by  Public  Utility  Companies  .  21 

Record  Books  .  22 

Revocable  Permits  .  25 

Registration  (for  Elections)  .  26 

Requirements  of  Ballots  .  30 

Rules  Governing  Second  Election  .  31 

Regulations  (General)  for  Elections  .  32 

Recall  of  Elective  Officers — Applies  to  all  Elective  Officers  .  32 

Petition  for  Recall  .  32 

Petition  May  Be  Amended  or  New  Petition  Made  .  33 

Election  under  Recall  Petition,  Unless  Officer  Resigns  .  33 

Candidates — Election  .  34 

Incumbent  Removed  .  34 

No  Recall  Petition  for  First  Six  Months  .  34 

Incapacity  of  Recalled  Officer  .  34 

Repeal  of  Electoral  Ordinance  . 35 

Referendum — Mode  of  Protesting  Against  Ordinances  .  36 

Reference  by  the  Council  .  36 

Further  Regulations  .  36 


50 


4 


Page 

Removal  Terminates  Salary  .  37 

Religious  or  Political  Opinions  Not  Affect  Appointment  . 38 

Records  (Official),  Books,  etc .  38 

Reservation  of  Power  .  40 

S 

Synopsis  .  .  .  . , . .  3 

Statement  of  Council — Monthly  .  9 

Special  Appropriations  for  1909  .  15 

Special  Statutes  1908  Colorado— Sec's.  6657  and  6658  relating  to  side¬ 
walks  continued  in  force  .  16 

Special  Statutes  1908  Colorado  relating  to  Refunding  Bonds,  con¬ 
tinued  in  force  .  16 

Supervision — Commissioner  to  have,  over  Public  Works  .  16 

Sanitation  and  Health  Department  .  17 

Streets  to  be  Specified  in  Franchises  .  18 

Stock  (Franchise)  Issuance  of  .  19 

Special  Privilege  to  Mail  Carriers,  Policemen  et  al.  on  Street  Cars..  19 

Safety — Provided  for  in  Franchises  .  20 

Special  Municipal  Elections  .  26 

Second  Election — Date — Rules  Governing  .  30 

Statement  of  Expenses  to  be  Filed  .  31 

Six  Months — Before  any  Recall  Petition  Can  be  Filed  .  34 

Several  Ordinances  at  One  Election  . .  35 

Salaries — Mayor — Councilmen — Treasurer — Auditor  .  37 

Submitting  Charter  Amendments  .  40 

Signatures  of  Charter  Convention  Members  .  41 

T 

Terms  of  Elective  Officers  .  6 

Tax  Levy  .  14 

Taxes — Collection  .  16 

Tax — License  on  Franchises  .  19 

Tracks — Railroad  to  be  Elevated  or  Lowered  .  20 

Tracks — Poles  etc. — Common  Use  of  .  21 

Term  of  Franchise  Not  be  More  Than  25  Years  .  24 

Treasurer — Duties — Compensation,  etc .  37 

V 

Vacancy  in  Elective  Offices  . n .  6 

Vice-President  of  Council  .  7 

Vote  of  Council  on  Appointments  . , .  9 

Veto  Power  of  Mayor  .  11 

Voting  Upon  Franchises  .  18 

Violation  of  Charter  Provisions  .  40 

W 

Water  and  Water  Works — Department  of  . 12 

Department  an  Entity  .  12 

Commissioner  Administer  Department  .  12 

Commissioner  Fix  Rates  .  12 

Council  Impose  Fines  .  12 

Bonds — Duty  of  Commissioner  .  12 

Emergency  Warrants  .  13 

Water — City  has  Oversight  of  all  Franchises,  etc.,  concerning  Water 

or  Water  System  .  20 

Withdrawal  of  Candidates  .  29 

51 


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